adr (p.1 s.b) Flashcards
what is adr?
alternative dispute resolution - processes used to settle disputes outside of the courtroom
includes:
*trinunal
*arbiration
*mediation
*conciliation
what are tribunals?
•vulnerable people use tribunals
•a panel of experts with specific areas of expertise who are interested in finding the facts of the case rather than encouraging parties to argue
what are the 3 different type of tribunals?
•administrative- set up by the government to deal with social security, rent and immigration - tribunals and inquires act 1992
•domestic- used within professions to deal with professional conduct of their neighbours
•employment tribunals- to deal with disputes between employers and employees over rights under employment legislation
what judges are used in tribunals?
•legally trained chairperson - expert in the area they are looking at
what is arbitration?
•under the arbitration act 1996
•most formal method
disputes are resolved through a neutral third party who has the authority to bind the parties to the terms of a decision
when is arbitration commonly used?
commercial and contract cases and high profile court cases
what is the scott v avery clause? (arbitration)
in the case of any dispute about an award, the matter should first be referred to arbitration
advantage and disadvantage of arbitration
advantage- there is rarely an publicity
disadvantage- public funding is not available so one party may have an advantage from the outset
what is negotiation?
resolving a dispute between the parties themselves - under the control of the two parties - without an assistance of an independent third party
•non binding
what is mediation?
where the parties are encouraged to come to their own settlement with the help from a neutral third party or a mediator
•non binding
advantage and disadvantage of mediation
advantage- quick, cost effective and accessible
disadvantage- the dispute may end up going to court anyways if mediation fails
when is mediation commonly used?
family disputes or relationships
s10 child and families act 2014 (mediation)
cases involving a dispute over finances or children will be requested to attend mediation informal and assessment meeting (miam)
who funds mediation?
the ministry of justice
what act specifies the usage of mediation in divorce cases?
s10 child and families act 2014
what is conciliation?
where an independent third party, the conciliator, helps people in a dispute to identify the disputed issues and to push towards a settlement
advantage and disadvantage of conciliation?
advantage- cheaper option than litigation
disadvantage- heavily relies on the skills of the conciliator
