9) Alternative Dispute Resolution - ADR

Question 1

What is ADR

Answer 1

Resolution of a dispute without going to court
> encouraged by civil procedure rules
> closely links with pre-action protocols rule

Question 2

What are the 4 types of ADR

Answer 2

• Negotiation
• Mediation
• Conciliation
• Arbitration

Question 3

What is negotiation

Answer 3

• Directly solving disputes between two parties
• Biggest method, private, easy and cheap

Question 4

What is mediation

Answer 4

• Includes a third party acting as a referee to ensure the conversation flows in the right direction and has purpose
• Cannot suggest ways of resolution, can be done online or in mediation centres
• Dunnett v Railtrack, risk of being seen as compulsory

Question 5

What is conciliation

Answer 5

• Involves a third party taking an active role
• ACAS is the biggest conciliatory body

Question 6

What is Arbitration

Answer 6

• Governed by the arbitration act 1996
• Legally binding, flexible procedure, must be done in a judicial manner in line with natural justice
• Common in sporting disputes

Question 7

What does s.15 Arbitration act 1996 state

Answer 7

• Parties are free to decide on number of arbitrators

Question 8

Who provides arbitrators

Answer 8

Institute of Arbitrators

Question 9

What are the two types of hearing (arbitration)

Answer 9

Paper hearing - 2 sides put points they wish to raise into writing and submit, along with any relevant documents to arbitrator - then read and make decision
Oral hearing - Documents submitted, both parties then attend a hearing where they make oral submissions to arbitrate and support their case