ADR (Alternative Methods of Dispute Resolution)

The five methods of dispute resolution

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Negotiation

Anyone who has disputed with another person can try to resolve it by negotiating directly with them.

This has the advantage of being private, cheap and quick

If the parties cannot agree they can employ the help of solicitors to try and negotiate a settlement

When solicitors are involved there is then a cost involved and the longer the case drags on for the higher the costs, A number of cases have gone on for a number of years

 

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Mediation

This is where a neutral mediator helps parties to reach a compromise

The role of the mediator is to consult each party & see how much common ground there is between them

They will explore the position of each party, looking at their needs and carry offers between the parties while keeping confidentiality

Mediation is only suitable for cases with hope of the parties co-operating. Companies who are used to negotiating contracts are most likely to benefit from this approach

Mediation can take different forms

The parties are in control and they make the decisions

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Conciliation

This is similar to mediation in that a neutral third party helps to resolve the dispute

The main difference is that the conciliator plays a more active role in this method of ADR

They will be expected to suggest grounds for compromise & the possible basis for a settlement

In industrial disputes ACAS can give an impartial opinion on the legal position

Conciliation does not always lead to resolution and it may be necessary to continue with court action

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Arbitration

This is where the parties agree to submit their claims to private arbitration

Private arbitration is now governed by the Arbitration Act 1996

The private arbitrator will be someone other than a judge, such an agreement will usually be in writing

The way in which the arbitration is carried out is up to the parties

Many commercial contracts include a Scott & Avery clause.

This clause iswhere the parties in their original contract agree that in the event of a dispute will have that dispute settled via arbitration

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Litigation

Litigation covers the process of bringing and pursuing a lawsuit. A lawsuit is a case or controversy authorized by law, to be decided in a court of justice,

The people invloved in these proceedings are known as litigants while the trial or case is ongoing.

Attorneys who represent the litigants in court are referred to as litigators. 

In most matters, parties are allowed to represent themselves should they chose to do so. However, litigation involves many complex legal issues which require expertise and knowledge of the law that governs the dispute, as well as the laws governing the procedures to be followed while litigating a case.

Litigation is one way that people and corporate entities resolve disputes. The parties rely on a judge or jury to determine a legal question or matter.

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