ADR and tribunals Flashcards
What is alternative dispute resolution?
Ways of solving disputes without going to court.
What are the 4 types of ADR?
Negotiation
Mediation
Conciliation
Arbitration
Why have other methods of solving disputes become more popular than going to court?
They are private, quicker and cheaper than court proceedings.
What is arbitration?
The most formal type of ADR where an arbitrator listens to both sides of the case and makes a legally binding decision.
What is an advantage of arbitration?
It’s private which is beneficial to businesses.
What is a 2nd advantage of arbitration?
Flexible as you can choose the arbitrator and decide when the dispute will be heard.
What is a disadvantage of arbitration?
Decisions of arbitrators are sometimes inconsistent.
What is negotiation?
When 2 parties communicate directly to resolve a dispute without a third party.
What is mediation?
When a neutral third party helps the parties reach an agreement without making decisions for them.
What is conciliation?
A more pro-active role than mediation, where the conciliator offers solutions and advice.
What is an advantage of the less formal ADR’s?
They keep the parties on good terms as they seek to preserve relationships.
What is a disadvantage of the less formal ADR’s?
They are not legally binding so parties are not legally required to follow what has been said.
What are tribunals?
Specialist courts used to resolve specific types of disputes.
What is a tribunal composed of?
3 members with 1 being legally qualified and the other 2 having specific areas of expertise.
What are the tiers in tribunals?
First-tier tribunal which is where cases are heard and upper tribunal which deals with appeals.
What is an advantage of tribunals?
Tribunal panels include experts that can make more informed decisions than a judge.
What is a disadvantage of tribunals?
Can be complex, meaning individuals may struggle without legal help.
