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Alternative Dispute Resolution (ADR)

There are 4 ways to do ADR:

  • Negotiation
  • Mediation
  • Conciliation
  • Arbitration

Negotiation:

  • It's the 2 parties themselves only negotiating a solution
  • It's quick, cheap, completely private
  • No binding solution

 

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ADR

Mediation:

  • Like negotiation, but there is a neutral 3rd party who only acts as a 'facilitator'
  • More of a chance of an agreement and cheaper than court
  • But no binding agreement

Conciliation:

  • Exactly the same as mediation but the 3rd party has a more active role, giving opinions. In industrial disputes, ACAS allows the 3rd party to have a more of a legal position
  • Adv. and Disadv. same as mediation
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ADR

Arbitration:

  • Arbitration is where the arbitrator resolves the dispute with a binding agreement. This is governed under S1 of the Arbitration Act 1996
  • Arbitration is usually agreed in the Scott v Avery clause in industrial clauses
  • The no' of arbitrators used is up to the parties agreement between 2-3, yet if an agreement is not available then under S15 of the Arbitration Act 1996, only 1 arbitrator is provided
  • The desicion is final and binding
  • But the cost implement can be expensive and it can be a lengthy process

CASES - Dunnet v Railtrack plc 2003 and Halsey v Milton Keynes NHS 2004.

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