Alternative dispute resolution mind map
- Created by: Andrew Webb
- Created on: 02-10-13 17:48
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- Alternative Dispute Resolution
- Mediation
- Where a neutral mediator helps the parties to reach a compromised decision
- The mediator talks to each party and tries to find any common ground
- only suitable if there is some hope that the parties can co-operate
- Main point is that the parties are in control: they make the decision
- Formalised settlement conference
- More formal method of approaching mediation
- Involves a "mini-trial"
- Each party presents its to panel composed of a decision- making executive from each party and a neutral party
- The executives, with the help of the neutral advisor will evaluate the two sides' position and try to come to an agreement
- If the executives cannot agree, the neutral advisor will act as a mediator between them.
- Even if the whole matter is not resolved, this may be able narrow down the issues so that if it goes to case it will not take aslong
- If the executives cannot agree, the neutral advisor will act as a mediator between them.
- The executives, with the help of the neutral advisor will evaluate the two sides' position and try to come to an agreement
- One advantage of mediation and a "mini trial" is that the decision need not be strictly legal one sticking to the letter of law
- It is more likely to be based on commercial common sense and compromise
- This makes it easier for companies to continue to do business with eachother in the future as everyone in the case wins.
- It is more likely to be based on commercial common sense and compromise
- Each party presents its to panel composed of a decision- making executive from each party and a neutral party
- Disadvantages of mediation services
- No guarantee the matter will me resolved
- Have to go to court after failed mediation attempt
- No guarantee the matter will me resolved
- Where a neutral mediator helps the parties to reach a compromised decision
- Concilliation
- Similar to mediation as neutral third party helps to resolve the dispute
- Concilliator is expected to suggest grounds for compromise and the possible basis for a settlement
- In industrial disputes ACAS can give an impartial opinion on the legal position
- As with mediation, conciliation does not always lead to a resolution so it maybe necessary to continue with court action
- Arbitration
- Arbitration is a method of resolving a dispute by both parties voluntarily agreeing for an independent person to make a decision.
- Decision made is legally binding
- This person is called an arbitrator
- Governed by "arbitration act 1996"
- section 1 of arbitration act
- To reach a compromised decision without any unnecessary fees and or heavy fees.
- The people in the case are free to decide how the arbitration takes place as long as it does not infringe any human rights
- Section 15 of the arbitration act
- section 1 of arbitration act
- Choice to arbitrate can be made by the parties at any time
- Scott v. Avery clause
- Found in commercial contracts.
- Where the companies agree in their original contract that if a dispute arises the dispute will be settled by arbitration
- Found in commercial contracts.
- The arbitrator
- Section 15 of the arbitration act
- The institute of arbitrators
- Provides trained arbitrators for major disputes
- The award
- The decision made by the arbitrator is called an award
- Legally binding
- Can be challenged in the courts on the ground of serious irregularity in the proceedings or on a point of law
- Legally binding
- The decision made by the arbitrator is called an award
- Advantages
- Parties can choose own arbitrator
- Any questions of quality can be decided by an expert
- Hearing time and place can be arranged to suit parties
- Hearing is private
- Quicker than court
- Disadvantages
- An unexpected legal point may arise which is not suitable for decision by a non-lawyer arbitrator
- Professional arbitrators are expensive
- The rights of appeal are limited
- Arbitration is a method of resolving a dispute by both parties voluntarily agreeing for an independent person to make a decision.
- Mediation
- Different as conciliator plays a more active role than a mediator
- Similar to mediation as neutral third party helps to resolve the dispute
- Have to go to court after failed mediation attempt
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