alternative dispute resolution

Question 1

tribunal level structure

Answer 1

1. first tier tribunal
2. upper tribunal
3. court of appeal

or
- employment tribunal
- employment appeal tribunal

Question 2

what is ADR?

Answer 2

• in order to avoid the costs of going to court, there are alternative methods to settling disputes.
• these are known as negotiation, mediation, conciliation and arbitration

Question 3

negotiation

Answer 3

• parties themselves
• can either happen with or without lawyers
• only issue with it is that negotiation can sometimes drag on for a long time

Question 4

mediation

Answer 4

• parties with the help of a 3rd party
• the neutral third party will work with both sides, offering advice on the merits of each sides evidence
• companies in dispute will often use a mediation panel to which they will present evidence
• some mediation services are free
• only useful if there is hope to compromise

Question 5

concilliation

Answer 5

• parties with the help of neutral 3rd party who actively suggests solutions
• similar to mediation but with a more active role for the 3rd party.
• in the case of ACAS (advisory concilliation and arbitration service- an organisation that looks after disputes between employers and employees) can give an impartial legal opinion

Question 6

arbitration

Answer 6

• parties agree to let 3rd party make a binding decision
• if two parties involved in the dispute both agree, they can put their arguments in writing
• like a court scenario but a lot less formal

-dealt in private so cannot be reported on (good for businesses and companies)

• when a decision has been reached, an award is made and the arbitrator’s decision is final and binding

Question 7

arbitration or Scott v Avery clauses

Answer 7

• most consumer contracts now include arbitration clauses