ADR and Tribunals Flashcards
What is ADR?
ADR stands for Alternative Dispute Resolution.
What are the main ADR’s available in England and Wales?
Negotiation, Mediation, Arbitration, Expert Determination, Adjudication, Ombudsman, , Early Neutral Evalutation, Neutral Fact Finding, MED ARB.
What are the general benefits of ADR vs. taking a dispute to court?
Simpler, Less Paperwork, ability for the parties to choose who makes a decision, ability to fix earlier dates to consider the dispute, confidential, less stressful on teh parties, focus on maintaining some sort of relationship after the resolution.
What are the general problems with ADR?
Issues arising with enforcement of a decision. Arbitrators and mediators are not generally legally trained. Can not be used to determine complex legal issues. Parties may have unrealistic expectations.
Describe Mediation.
Mediation is the most common form of ADR used in England and Wales. An impartial third party is appointed to act as a mediator. No resolution occurs unless both parties agree.
Describe Arbitration.
Arbitration is the most formal of ADRs. Arbitration is ususally used for large scale contract disputes, or in the banking and insurance industry. Arbitration can come about in four ways 1) upon reference from a Judge, 2) on agreement, once a dispute has arisen 3) due to a clause drafted in a contract 4) employment disputes. ACAS employment arbitration scheme. Section 1 of the Arbitration Act 1996 states - The fiar resolution of disputes by one impartial tribunal without necessary to delay or expense. A tribunal is appointed to here the arbitration. They will decide and make an Award. The Award is binding on the parties.
What are the alternative forms of dispute adjudication which are similar to arbitration?
Expert Determination, Adjudication, Ombudsman.
What are the assisted dispute settlements that are similar to Mediation?
Early Netural Evaluation, Neutral Fact Finding, Med Arb. (which is US).
What is the relevance of the case Halsey v. Milton Keys General NHS Trust to ADR?
The courts will not force the parties to partake in ADR. Doing so would result in the obstruction to the right of a fair trail under the European Convention of Human Rights.
