ADR - alternative , dispute , resolution

Question 1

why is ADR used?

Answer 1

ADR, is used as an alternative way of resolving issues other than going to court

Question 2

what statute allows judges to stop a case and refer the parties to ADR

Answer 2

the civil procedural rules 1988 allows judges to stop a case and refer the parties to adr

Question 3

give an example of the use of ADR

Answer 3

ACAS - advisory, conciliation, and arbitration service is used for employment disputed

Question 4

what are the types of ADR

Answer 4

• negotiation
• mediation
• conciliation
• arbitration
• tribunals

Question 5

explain negotiation as a type of ADR?

Answer 5

negotiation is a type f ADR used to resolve disputes by discussing, barging, and coming to a conclusion with another person

Question 6

adv of negotiation

Answer 6

• completely free
• less time consuming
• informal which can be less stressful than other proceeding s

Question 7

disa of negotiation

Answer 7

• does not always work
• parties may not feel up to negotiate if there is unequal barging power
• difficult to enforce as things are legal binding

Question 8

explain mediation as a type of ADR?

Answer 8

mediation is used to consult each party and find common ground between them, the mediator acts as a natural facilitator that acts as a go between

Question 9

when does mediation work \?

Answer 9

mediation only works if both paies can cooperate

Question 10

what is the formal type of mediation called ?

Answer 10

FORMALISED , SETTLEMENT CONFERENCE

Question 11

what is a formalized settlement conference

Answer 11

is a formal type of mediation that involves a mini-trial where each side presents its case and the natural advisor here’s both sides

Question 12

adv of mediation

Answer 12

• it is easier for companies to do business with each other in the future , no bad blood
• it avoids confrontational nature of the court room
• it is cheaper for both parties as ecah party pays its own costs

Question 13

disadv of mediation

Answer 13

• no guarantee the matter will be resolved there is a possibility the parties will still end up in court
• gen felt like the mediations were controlled by the mediators who force parties into settlements they don’t want to be in

Question 14

explain conciliation

( ADV and disadv are similar to mediation

Answer 14

conciliation is similar to mediation however a netuarl party helps resolve the issues , the main difference is the conciliator plays more of an active role than the mediator

Question 15

explain arbitration as a form of ADR

Answer 15

• private arbrituration is governed by the arbitration act 1996
• arbitration is the voluntary submission by the parties to a dispute a judgement to some other person other than a judge

Question 16

what statute governs arbitration

Answer 16

THE ARBITRATION ACT 1996

Question 17

when can the agreement of arbitration be made

Answer 17

the agreement can be made at any time by the parties, it can be made before a dispute arise or when it becomes apparent that includes a contract named the Scott v Avery clu
clause

Question 18

what is the scott v avery clause?

Answer 18

the Scott v Avery clause is a part of the contract that both parties sign that agrees they will have the dispute settled by arbitration if a dispute arises

Question 19

what does the arbritutaor acr 1996 state ?

Answer 19

that both paries are free to agree on a number of arbriatortos , if they cannot agree on a number one abritatory will be appointed

Question 20

what is the arbitrator hearing ?

Answer 20

the arbitrator hearing is when both parties agree on a type of hearing they would like to resolve or present their sides, there is a paper hearing and oral submissions where witnesses can be called

Question 21

what is the important thing to remember about arbitrators

Answer 21

an arbitrator hearing is binding and can be enforced by the courts which is very different to the other forms of ADR

Question 22

what are tribunals

Answer 22

tribunals act as a specialist court for disputes in specialized areas example employment diputes often resolved by tribunals

Question 23

what are the three types of tribunals?

Answer 23

• administrative - disputes between individuals and the state
• domestic - internal tribunals for private bodies such as the law society
• employment - hear disputes between employers and employees

Question 24

what is the difference between arbitration and tribunals

Answer 24

the essential difference is that if a case fails in the tribunal system there is no redress to the courts whereas in arbitration there is an option of seeking redress within the court system

Question 25

when did the tribunal system begin

Answer 25

the UK tribunal system began with the national insurance act 1911 which provided adjudication of disputed by administrative agencies

Question 26

what did the franks committee 1957 recommned?

Answer 26

the franks committee 1957 receommened the tribunal procedure to be an example of openness , fairness and impartiality which was implemented in the tribunals and inquires act 1958.

Question 27

why was the council of tribunals 1958 established?

Answer 27

this was established to supervise and review tribunal procedures, this body delet with complaint and submitted recommendations for reform

Question 28

what leads to the tribunals , courts, and enforcement act 2007?

Answer 28

sir andree legattes report in 200 lead to the tribualns courts and enfirmcent act 2007 as this act incorporated many of leggets reforms such as making two tribunals

Question 29

what does the first tribunal conist of?

Answer 29

the first tier tribunal consist of 7 chmabers that have similar procedures and jurisdiction including heath and education , war and pensions , taxation

Question 30

what does the upper tribunal consist of?

Answer 30

the upper tribunal consists of four different chambers including the administrative active Appeals Chamber, the Tax and Chancery Chamber, the Lands Chamber and the Asylum and Immigration Chamber.

Question 31

what is the upper tribunal responsible for ?

Answer 31

the upper tribunal is responsible for hearing appeals and hear cases of the first instance

Question 32

evaluation

positive of tribunals

Answer 32

-COSTS , it is cheaper to pursue a claim in a tribunal as parties are encouraged to represent themselves
- FORMALITY - less informal than traditional courts although my formal than some forms of ADR
SPEED - there is a duty of the tribunal judge to make sure that a case is here in one day due to the strict timetables

Question 33

NEGATIVE OF TRIBUNALS

Answer 33

LACK OF FUNDING , legal funding is not valaible for many cases in tribunals whihc can negativy impact a person who is taking on a big company

• LACK OF PRECEDENT, Tribunals do not operate a strict systme of precdent which means that case outcomes vary and arent persistent
• PARTY IMTIMIDATION- there is still big intimidation to take big companies to court