Alternative Dispute Resolution

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  • Created on: 26-12-11 01:25
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Define... o The clause states that if a dispute does ever
This is where a dispute arises in civil matters and arise between the 2 parties that arbitration
the individuals or businesses do not go to the will be the only way that it will be settled.
court to resolve it. The arbitrator can be named by the parties
Types of A.D.R. ... involved or chosen by the courts.
Negotiation Decisions made by the arbitrator are known
Mediation as an award & are binding
Conciliation o In addition they can be enforced by the courts
Arbitration if necessary, this is known as a court order for
Negotiation is... performance.
This means that the parties involved or their Evaluation
lawyers try to resolve the dispute themselves o This is good as it reduces time, money &
NO 3rd party is involved. effort into looking for a suitable way of
Mediation is ... resolving a dispute. However, it does not give
This means that a neutral mediator helps the other party any freedom of choice as they
parties to reach a solution, a compromise. may not want to use arbitration, unequal
Mediator does not offer an opinion bargaining power can also have an effect.
A mediation service can be Centre for Dispute o Expertise IS AN ADVANTAGE - Parties have an
resolution opportunity to choose their arbitrator & some
Conciliation is ... businesses can appoint an expert in their field
This means that a 3rd party actively puts ideas if they choose it; this saves time as with a
for compromise between the parties. technical expert as an arbitrator
The 3rd person is known as a conciliator o Flexibility IS AN ADVANTAGE ­ this means
An example of a conciliation service is A.C.A.S. that the time, place and the type of
Comparison Point for mediation & conciliation procedure can be altered depending on what
Both allow the parties involved to have the parties involved want.
control over the resolution process as they o Speed IS AN ADVANTAGE ­ this means that it
have the opportunity to withdraw at any time is quicker than the courts.
& a resolution cannot be forced on to the o Legal funding IS A DISADVANTAGE ­ this
parties. means that the lack of legal funding can be a
Arbitration is... disadvantage to an individual who have been
This means that the parties refer the dispute
to an independent 3rd party to decide
means that it can be expensive.
Parties volunteer to let the decision to be
chosen by an arbitrator/a panel of usually 3
means that commercial arbitration cases can
take just as long as they would in court.
Agreements are governed by Arbitration Act
o Appeals IS A DISADVANTAGE ­ this means
that they are limited in Arbitration it is only
o Arbitration can take place before or after a
seen in 2 cases if there is serious irregularity
dispute has occurred.
within the proceedings or on a point of law.
o Arbitration can take place before if it includes
o Legal Points IS A DISADVANTAGE ­ this means
a clause as stated in Scott v Avery
that they are NOT suitable for a decision by a
By Tiffany George - Fontaine


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