ADR Alternative Disput Resolution

quick revision on ADR

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  • Created by: sanya
  • Created on: 19-05-11 21:26

ADR

what is it?

ADR are methods used for resolving cases outside of court

there are 4 types of ADR methods

-negotiation

-arbitration

-mediation

-conciliation

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Negotiation

-Informal negotiation that takes place between parties and/or their solicitor prior to court.

- A settlement can be reached at any time.

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Arbitration

-long established method

-governed by the arbitration act 1996

-arbitration is chosen by both parties along with time and date

-solution imposed by an arbitrator

-arbitrator is an expert in the field of dispute

-its held in private

-limited right to appeal

-less formal than court

-there may be an arbitrator clause in the contract which compels both parties to try arbitration before going to court

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Mediation

-parties seen separately by an mediator-expert in the Field of dispute

-mediator plays a passive role encouraging parties to talk

-parties reach a decision together

-decision made has to work for both parties

-funding available from legal services commission

-frequently used in family law cases

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Conciliation

seen 'round the table' together by a conciliator- expert in the field of dispute

conciliator plays a more active role helping parties reach a decision together

used mainly in business disputes and unfair dismissal cases

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