adr (section a - criminal courts and lay people) Flashcards
What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) is a process used to resolve disputes between parties without having to go to court.
Whose reforms encourage ADR?
Lord Woolf
ADR is used by?
businesses, individuals and organisations for cheap and quick resolutions to disputes
What is Negotiation in ADR?
- parties reach agreement themselves with no third party
- may act through solicitors
- may negotiate before trial and settle before trial
Example of negotiation
disputes between neighbours
What is mediation in ADR?
- a neutral third person helps the parties in a dispute reach a compromise solution acting as a facilitator.
- mediator does not offer an opinion but acts as a message carrier and takes a passive role.
- explore position and carry offers while being confidential
- only suitable if chance of cooperation
- control and both parties can withdraw
- resolution can’t be imposted
example of mediation
relate - for relationships
centre for effective dispute resolution - for businesses
what is concillation
Similar to mediation but with more power
Conciliator suggests grounds for compromise or settlement
Takes an active role in finding out parties’ positions
Cannot seek evidence or call witnesses
Parties have control and can withdraw at any point
Outcome cannot be imposed upon parties, they must agree to it
conciliation example
Often used in industrial disputes using ACAS
arbitration definition
A process where parties agree to allow their dispute to be judged by a neutral arbitrator or panel of arbitrators.
arbitration additional points
Governed by the Arbitration Act 1996.
Agreements to engage in arbitration can be made before a dispute arises through a Scott Avery Clause in the contract.
The parties may appoint an arbitrator or the court may do so.
Arbitrators are often experts in the relevant field or a lawyer may be appointed for disputes involving a point of law.
Parties agree on the procedure and the date, time, and place of the arbitration in consultation with the arbitrator.
The decision is binding and enforceable by the courts.
Awards can be challenged in the courts under s.68 of the Arbitration Act 1996 for serious irregularity in proceedings or on a point of law.
what is an employment tribunal
A forum used instead of court for deciding certain disputes related to employment.
Created to help people enforce their entitlement to social rights granted through social and welfare legislation.
Must be used instead of court due to the nature of the dispute.
employment tribunal procedure
- both sides out case forward
- formal - evidence under oath but no wig/gown
- funding for rep not usually available but advice can be gained in strength of their case
- in employment tribunals there is rep from trade unions
- decision is binding
- no fee
- claim must be brought within 3 months, less than a day before event: redundancy, discrimination or unfair dismissal in workplace
employment tribunal preliminary matters
- usually acas contact first
- claim issued if not resolved
- claim sets out detailed reasons for action and must be filed with tribunal within time limit
- employer invited to make comments
employment tribunals panel hearing
judge
rep for employee and employer
short trial and can be open to public
