ADR and employment tribunals- ELS (1)

Question 1

what are the 4 types of ADR

Answer 1

• negotiation
• arbitration
• negotiation
• conciliation

MANC

Question 2

what is involved in mediation

Answer 2

A neutral mediator (third party) helps parties to reach a compromise situation.

parties have to pay for the mediator

Question 3

what is the role of the mediator

Answer 3

mediator facilitates discussion between the parties

mediator consults each party to try and establish compromise

mediators do not give their own opinion

decision is not legally binding

Question 4

who can use mediation

Answer 4

anyone

companies to cooperate together to reach a resolution

used in most family cases

Question 5

examples of mediation services are…

Answer 5

relate- this is used for couples having relationship problems

Question 6

what is arbitration

Answer 6

where the parties voluntarily agree to have their dispute solved by an independent 3rd party, who is known as an arbitrator

formal method of ADR

Question 7

the arbitrator is…

Answer 7

• chosen by the parties
• usually an expert in the area of law of the dispute
• an independant 3rd party

Question 8

when can parties choose to go to arbitration

Answer 8

• at the time the dispute arises
• any time before a dispute arisies
• in contractual situations

Question 9

what is a Scot v Avery Clause

Answer 9

this states that is a dispute arises between the parties, they will have to settle this dispute using arbitration

used when a contract is made

Question 10

what 2 formats can the arbitration hearings be in?

Answer 10

• paper arbitration
• in person hearing

Question 11

what is paper arbitration

Answer 11

this is where the parties submit all of their points in writing to the arbitrator.

the arbitrator will read these and then make a decision

Question 12

what is the in person hearing

Answer 12

this is where parties will attend an arbitration hearing and give evidence before the arbitrator who will then make their decision

Question 13

what is the decision called for arbitration

Answer 13

outcome is called an award

Question 14

what does the arbitration act 1996 state

Answer 14

that the award is legally binding

Question 15

what is negotiation

Answer 15

where the two parties resolve their disputes by themselves

there is no 3rd party involved in negotiation

quick and cheap way to resolve a dispute

Question 16

what are the 2 types of negotiation

Answer 16

informal negotiation
formal negotiation

Question 17

what is informal negotiation

Answer 17

this is where the two parties meet face to face to solve the dispute

Question 18

what iis formal negotiation

Answer 18

this is where the parties ask a qualified negotiator such as a solicitor to act on their behalf and negotiate to solve the dispute

Question 19

what is the outcome of negotiation

Answer 19

NOT legally binding

sometimes parties might not reach a decision and need to go to court to solve their dispute

Question 20

what is conciliation

Answer 20

similar to mediation

a neutral conciliator(third party) helps the parties to solve their dispute.

parties have to pay for the conciliator

Question 21

what does the conciliator do

Answer 21

• takes an active role in the discussions
• discuss the isues with the parties to help them have a better understanding of each other
• make suggestions to the parties to help them reach a compromise and resolve the dispute

Question 22

what is an example of conciliation services

Answer 22

ACAS can be used to give impartial opinions in industrial disputes

Question 23

what are the advantages of ADR

Answer 23

• cost
• control
• future relationships
• speed

Question 24

what is the evaluation of cost as an advatage

Answer 24

• ADR is much cheaper than going to court
• parties do not have to pay the fees to set up a court cases
• use of lawyers is discouraged so this will keep costs down and save on paying legal fees
• however, in mediation, conciliation and arbitration the parties can always use lawyers which will increase the costs and they will have to pay fees for the mediator, conciliator and arbitrator to solve the dispute

Question 25

what is the evaluation of control as an advantage

Answer 25

• using ADR allows parties to be in control of their case
• they are controlling the discussions and overall outcome of the case
• the agreements are made if both parties chose to agree, both parties have to accept the terms of the agreement. In court the decision is made and will be against one person and there is no option but to accept this.
• in mediation and negotiation parties can choose to stop at any time
• in mediation parties can choose their mediator
• in arbitration parties can choose a specialised arbitrator who has expertise in that area of law