AS Law Unit 1 AQA ADR

A mindmap to show all types of ADR and the pros and cons to using stated for each different method of Alternative Dispute Resolution - Unit 1 - AS Level Law - AQA

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  • ADR (Alternative Dispute Resolution)
    • Negotiation
      • Pros
        • Most simple
        • Quick
        • Cheap
        • Parties can reach a compromise so each party feels they have gained
        • Parties can resume their relationship
      • Cons
        • Not legally binding
        • Not likely to be successful unless parties are willing to compromise
        • Relies on parties abiding by the negotiation settlement
      • What is it?
        • Most simple form of ADR
        • Informal negotiation - a discussion conducted by disputing parties
        • Communicated by face to face discussion, letter, telephone or Email
        • Lawyers can be used
        • Not legally binding
        • Parties reach a compromise
      • Examples
        • Domestic disputes (Neighbour disagreements)
        • Commercial disputes (between two businesses)
    • Mediation
      • Cons
        • Not legally binding
        • Not likely to be a success unless parties are willing to compromise
        • Sometimes one party is stronger
      • Pros
        • Specialist
        • Covers a wide range of disputes
        • Shuttle mediation - reduces tension/conflict
        • Cheap
        • Quick - compared to courts
        • Non confrontational
        • Private
      • Examples
        • Rickie Woodall
          • Dispute between a sportsman and his promoters
        • West Kent Mediation Service
        • www.theclaimroom.com
      • What is it?
        • A mediator is an independent third party
          • Encourages parties to reach a compromise and settle dispute themselves
        • A mediator uses his/hers skills to keep things calm between parties and to help them find common ground to help resolve a dispute
        • Provided by a business as a service
        • Not legally binding
        • Meet face to face or use Shuttle Mediation
          • Shuttle mediation is when parties do not have to meet face to face
    • Arbitrators
      • Cons
        • Not available for all types of disputes
        • Arbitration clauses - limitations
        • Low usage
        • Costly
        • May lack legal expertise
      • Pros
        • Expertise
        • Simple
        • No lawyer fees
        • Quicker than a court trial
        • Carried out in private
        • An appeal process
        • Legally binding decision
      • Examples
        • Chartered institute of Arbitrators
          • British Telecom
        • ABTA
          • Holidays
      • What is it?
        • Governed by the Arbitration Act 1996
        • S33 - Arbitrator must act fairly and impartially
        • S34 - Arbitrator determines the procedure
        • Independent third party - either one or a panel of 2/3
        • Legally binding decision
        • Arbitration Clause - included in business contracts stating disputes must be settled through Arbitration
        • An expert in relevant subject matter
        • Sometimes carried out through an Arbitration meeting
        • Parties can be represented by lawyers
        • Sometimes informal
        • High courts refers some specialised cases of Arbitration
        • S61 - allows Arbitrators to to order be paid by the losing party
        • Appeal - carried out through the Chartered institute of Arbitrators
    • Conciliation
      • Examples
        • Sex discrimination in the workplace
      • Pros
        • Specialist
        • Opinions and possible solutions given
        • Cheap
        • Quick
        • Parties do not need to meet face to face
        • Private
      • What is it?
        • A type of commercial Mediation
        • Conciliator tends to meet parties separately
        • Conciliator will ask questions and identify issues
        • Encourages parties to reach a compromise themselves, but will give an opinion and suggest a possible solution
        • Tends to be used in employment disputes
        • Advisory, Conciliation and Arbitration service (ACAS)
          • Provides a service for industrial use to prevent the issue being taken to a tribunal
        • Voluntary role
        • Not legally binding
      • Cons
        • Not legally binding
        • Not likely to be successful unless parties are willing to compromise
        • Sometimes one party is stronger
    • Tribunals
      • Cons
        • No recovery costs
        • Process can become complex
        • Not open to scrutiny
      • Pros
        • Appeals
        • Flexability
        • Assistance built within the system
        • Local knowledge
        • Reduces workload of court
        • Specialist
        • Quick
      • What is it?
        • Similar function to a court
        • Tribunals, Courts and Enforcement Act 2007
        • Each tribunal is now called a chamber
        • Each chamber has its own precedent
        • The Act now provides a two tier system to allow appeals
        • A judge and 2 experts in the subject matter create the panel
        • Tribunals specialise in one area
        • Approximately 70 types
        • Most carried out in private
        • Often represented by lawyers
        • Legally binding decision
      • Examples

Comments

arianator 4 life

thanks :) was a big help

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