ADR Flashcards
What is the purpose of ADR?
Attempting to solve a dispute peacefully before resulting in court
What are the 3 non-legally binding types of ADR?
Negotiation
Mediation
Conciliation
What are the 2 legally binding types of ADR?
Arbitration
Tribunal
What are the 5 types of ADR in order of seriousness?
Negotiation
Mediation
Conciliation
Arbitration
Tribunal
What is Negotiation?
2 people or groups reach a solution without the help of anyone else
(NOT lb)
What is Mediation?
2 people reach a decision with the help of a neutral 3rd party, who does NOT offer any suggestions or advice.
The 3rd party is a go-between, peacekeeper or mediator.
Up to the parties to reach their own agreement.
(NOT lb)
What are the attributes of a mediator?
Go-between/ peacekeeper.
Sits in discussions w/o offering advice.
Often a trained professional but doesn’t have to be.
What is conciliation?
2 people reach an agreement with the help of a neutral 3rd party, who DOES provide suggestions and advice but does NOT make any decision.
Parties reach own agreement.
(NOT lb)
What are the attributes of a conciliator?
Provides suggestions and advice.
Does not make any decision.
Often a trained professional but doesn’t have to be.
Most work for charities.
How is Negotiation carried out?
Parties talk to achieve a compromise
- Either in person or through letters.
What does a client have to do before involving a solicitor?
Must have already attempted Negotiation.
Who and why is Negotiation encouraged?
By Law Society and the courts.
- saves time and money for all involved.
What are some examples of Negotiation?
2 friends discuss what they’ll do together at the weekend.
They reach a compromise so they’re both happy with the plans.
What is a collective Negotiation example?
CBA-v-MoJ
How is CEDR (Centre for Effective Dispute Resolution) involved in Mediation?
Professional organisation used by businesses to solve disputes without going to court.
Give some advantages to CEDR in Mediation?
80% success rate.
Cheaper than court.
- Approx. £1k for a mediator
- Whereas court Approx. £100k+ for a complicated court case
What is a mini-trial in Mediation?
Mediator acts as a judge (acts as a court would).
- Calls in witnesses.
- Demonstrates litigation.
What is RELATE in Mediation?
Family Mediation - marriage counselling.
What are other examples of Mediation?
Community/ neighbour.
Primary school.
- e.g. Southwark Mediation Scheme
What is ACAS (Advisory, Conciliation and Arbitration Service) in Conciliation?
Aims to improve organisations and working life through better employment relations.
- Offers free and impartial advice and consolidation.
- Mediates, Conciliates, gives talks and helps with tribunals.
Give 2 examples of Collective Conciliation.
London 2012.
- RMT-v-Olympic Union
- RMT said wouldn’t run trains as too much but ACAS got £10k pay rise.
Stopped Jr. Doctors the night before going strike in 2015 against Jeremy Hunt.
Explain Pre-Employment Tribunals as an example of Conciliation?
Helps prepare you for Employment Tribunal trial.
- Gives advice and representation before tribunal date.
- Higher chance of fairer outcome.
What is the most common type of Arbitration?
Formal Hearings
- Arbitrator hears oral submissions, similar to court and may use the same court procedures as a available in legal proceedings to call witnesses.
What is the 2nd type of Arbitration?
Paper Arbitration
- Parties submit their documents and the arbitrator decides the case based on them.