Alternate Dispute Resolutions

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  • Alternative Dispute resolution
    • 2) Mediation
      • Disadvantages
        • 2) Party may refuse to take part
        • 1) Doesnt always result in a settlement
        • 3) Legal precedent cant be set
      • Advantages
        • 2) Quick and simple
        • 1) Inexpensive compared with court
        • 3) Allows for flexible solutions & settlements
      • An independent 3rd party is involved (mediator). The parties must solve their dispute. The mediator is simply a go between.
      • It is voluntary, the parties must decide whether or not to mediate
      • It is private and confidential - what you speak about in the mediation cannot be used in court unless both parties agree.
      • Parties make the final decision and the mediator is impartial. Takes place in a neutral place - normally face to face.
    • 3) Conciliation
      • Advantages
        • 2) Private and confidential
        • 1) not face to face
        • 3) Quick and agreement must be mutual
      • Disadvantages
        • 2) Conciliator may be biased
        • 1) No binding decision, the parties may not stick to their word.
      • Similar process to mediation except the conciliator is able to intervene bymaking suggestions and commenting on the decisions. The conciliator is neutral
        • Operates in industrial settlements E.g employment tribunal cases
        • ACAS will be sent a copy of the employees claim and the employers responce. the ACAS representative is an expert in employment law and can act as a conciliator
        • The conciliator will organise a convenient place and time for both parties
          • May attend with legal advisors and if the parties agree, it can become legally binding. If the matter is not resolved then it can go to court.
    • 1) Negotiation
      • This is the first method used to try and resolve a dispute.
        • Parties will communicate with each other to try and agree on matters without court. (face to face or over the phone.)
        • Normally small disagreement, such as a neighbour disagreement.
        • A meeting will take place to state each of the parties positions
        • Focuses on the issues and for a successful negotiation it requires one or both of the parties to compromise their positions
        • There is no cost involved - Cheaper and quicker to involve lawyers
      • Disadvantages
        • 2) No witnesses or neutral 3rd party
        • 1) Non binding resolution
        • 3) May increase the conflict.
      • Advantages
        • 2) Confidential therefore avoids publicity
        • 1) Speedy, informal and less stressful.
        • 3) May preserve or enhance relationships between the parties.
    • 4) Arbitration
      • Arbitration act 1996
        • Parties agree to let third party make a binding decision. Agreement to  use arbitration must be voluntary. It can also be made before any dispute starts SCOTT V AVERY
        • Court will refuse to deal with the dispute unless it is a consumer dispute.
          • 1) Agreed by parties
            • May be a paper hearing or attend hearings. The date, time and place is agreed by the parties. Witnesses may be called to give evidence.
          • 2) Arbitrator decides the case
            • This is called an award
          • 3) Decision is final
            • But can be challenged in court if there is a point of law
        • Parties agree on the arbitrator and how many they should have.
        • Most agreements will name an arbitrator or give a way of choosing one through ABTA
        • Institute of arbitrators provides arbitrators for big disputes
        • If the dispute involves a point of law then a lawyer can be involved
        • Arbitrators charge a fee which is paid by the parties.
      • Advantages
        • 3) Anything can be evidence if relevant
        • 2) Less costly than court
        • 1) Speedy resolution
      • Disadvantages
        • 2) May become expensive
        • 1) No right to appeal
        • 3) Decision may not favour a party.

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