ADR
- Created by: Becca_67
- Created on: 29-12-18 09:34
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- ADR
- Mediation
- A neutral 3rd party
- Non-Active Role
- Mediator sees how much common ground there is between them
- only suitable where there is hope that the 2 parties can cooperate
- As an agreement must be reached
- EG. In family cases such as child cutody they must prove they have attended a MIAM before going to court
- Disadvantage
- no guarentee of a resolution so may have to go to court increasing costs and delay
- Advantage
- Disadvantage
- EG. In family cases such as child cutody they must prove they have attended a MIAM before going to court
- As an agreement must be reached
- only suitable where there is hope that the 2 parties can cooperate
- Mediator sees how much common ground there is between them
- Non-Active Role
- A neutral 3rd party
- Conciliation
- A neutral 3rd party
- Active Role
- helping the parties have a better understanding of each others position
- the parties have full control and can withdraw at any point.
- in industrial disputes - ACAS can give an impartial decision on the legal position and act as a conciliator
- Advantage
- decision is based off common sense and compromise
- Disadvantage
- no guarentee of resolution
- Advantage
- in industrial disputes - ACAS can give an impartial decision on the legal position and act as a conciliator
- the parties have full control and can withdraw at any point.
- helping the parties have a better understanding of each others position
- Active Role
- A neutral 3rd party
- Negotiation
- process of coming to an agreement
- the most informal way
- solicitors can be used but only while still negotiating a settlement
- Advantage
- cheapest method
- no need for lawyers
- Disadvantage
- may not be successful
- Advantage
- solicitors can be used but only while still negotiating a settlement
- the most informal way
- process of coming to an agreement
- Tribunals
- operate alongside the court system
- enforcing entitlement to certain rights
- eg. mobility allowance
- First Tier = 60000 a year
- 7 Chanbers = - Social entitlement - Health anf Education - War pensions and Armed forces - Taxtion, Lands and Property - Asylum and Immigration - General Regulatory
- Upper Tribunals = Appeals
- Both sides given chance to put their case
- Can be done in a very formal way with witnesses
- Funding is only available for few tribunals so usually no lawyers
- except in Employment tribunals where representaion is covered by their union
- Tribunal Judge must make sure thet applicant puts their case fully
- Decision is then binding
- Advantage
- costs less
- no fear of large bill
- Disadvantage
- Lack of legal aid if other side has a lawyer
- Advantage
- Decision is then binding
- Tribunal Judge must make sure thet applicant puts their case fully
- except in Employment tribunals where representaion is covered by their union
- Funding is only available for few tribunals so usually no lawyers
- Can be done in a very formal way with witnesses
- Both sides given chance to put their case
- Upper Tribunals = Appeals
- 7 Chanbers = - Social entitlement - Health anf Education - War pensions and Armed forces - Taxtion, Lands and Property - Asylum and Immigration - General Regulatory
- enforcing entitlement to certain rights
- TRIBUNALS COURTS AND ENFORCEMENT ACT 2007
- operate alongside the court system
- ODR
- Ebay
- resolves 60 million disagreement each year
- initially encourage online negotiation
- to do this there is clearly structured practical advice
- ebay then offers a resolution service in whcih the parties enter a discussion area
- ebay then determines a binding decision under its Money Back Guarentee
- ebay then offers a resolution service in whcih the parties enter a discussion area
- to do this there is clearly structured practical advice
- initially encourage online negotiation
- resolves 60 million disagreement each year
- Financial Ombusman Service
- established by statute in 2000 as the mandatory ADR body in the financial services
- function is to resolve disputes between consumers and Uk financial businesses quickly anf informally
- works on the principle that a dispute is usually resolved at the earliest possible stage
- the adjudicators attempt to facilitate an amicable resolution usually resulting in the adjudicators writing to parties with their view on an outcome
- if both parties agree the dispute is resolved
- if they disagree they can ask to be referred to an ombudsman for a binding determination (if the consumer accepts it)
- the adjudicators attempt to facilitate an amicable resolution usually resulting in the adjudicators writing to parties with their view on an outcome
- works on the principle that a dispute is usually resolved at the earliest possible stage
- function is to resolve disputes between consumers and Uk financial businesses quickly anf informally
- established by statute in 2000 as the mandatory ADR body in the financial services
- Resolver
- helps consumer raise complaints with suppliers
- contains email contacts with complaint departments
- the consumer is given online assistance in drafting the complaint through a form filling exercise
- the businesses are urged to respond to the Resolver email address so the exchange of messages can be stored
- covers, energy, telecoms, transport, loan companies etc
- it's free of charge for all
- covers, energy, telecoms, transport, loan companies etc
- the businesses are urged to respond to the Resolver email address so the exchange of messages can be stored
- the consumer is given online assistance in drafting the complaint through a form filling exercise
- contains email contacts with complaint departments
- helps consumer raise complaints with suppliers
- Ebay
- Arbitration
- 2 parties agree on either single arbitrator or panel of arbitrators
- Scott V Avery Clause = a commercial clause that states that if a dispite arises they must go to arbitration
- ARBITRATION ACT 1996
- fair and impartial decision without unecessary delay and cost
- date and time are agreed by the parties
- if the parties cant agree on an arbitrator the court wil appoint one
- Untitled
- if the parties cant agree on an arbitrator the court wil appoint one
- date and time are agreed by the parties
- fair and impartial decision without unecessary delay and cost
- ARBITRATION ACT 1996
- Scott V Avery Clause = a commercial clause that states that if a dispite arises they must go to arbitration
- 2 parties agree on either single arbitrator or panel of arbitrators
- Online Courts
- propsed in 2016
- hoped to be in place by 2020
- stage 1 = largely automated interactive online process for the identification of the issues and provision of evidence
- stage 2 = conciliaion and case management by case managers
- stage 3 = used if not resolved by stage 2 = resolution by a judge who would use documents on either a screen or phone
- ODR for Low Value Claims = intention is that cases are dealt with quicker with lower costs
- this would be affordable for everyone regardless of income
- accessile for those with disabilities
- OD Advisory Group of the Civil Justice Council
- thoguth that the current system fails on many points and that online courts allow better access to justice
- However it isnt appropriate for all cases like negligence
- thoguth that the current system fails on many points and that online courts allow better access to justice
- OD Advisory Group of the Civil Justice Council
- accessile for those with disabilities
- this would be affordable for everyone regardless of income
- ODR for Low Value Claims = intention is that cases are dealt with quicker with lower costs
- stage 3 = used if not resolved by stage 2 = resolution by a judge who would use documents on either a screen or phone
- stage 2 = conciliaion and case management by case managers
- stage 1 = largely automated interactive online process for the identification of the issues and provision of evidence
- hoped to be in place by 2020
- propsed in 2016
- Mediation
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