what is it?
ADR are methods used for resolving cases outside of court
there are 4 types of ADR methods
-Informal negotiation that takes place between parties and/or their solicitor prior to court.
- A settlement can be reached at any time.
-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
-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
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