Alternative Dispute Resolution Flashcards
- negotaiation - mediation - concilliation - arbitration
How many types of ADR is there?
4
What are the four types of ADR?
- Negotiation
- Mediation
- concilliation
- arbitration
What is negotiation?
Where an individual attempts to resolve an issue directly, privately and possibly face to face with the other party.
Describe what negotiation entails
- most basic form of ADR
- an individual attempts to resolve an issue directly, privately and possibly face to face
Advantages of negotion over litigation
- quick
- cheap
- no lawyers or courts involved
- parties can agree upon a time and place to meet up
Disadvantages on negotiation over legal action (litigation)
- requires confrontation
- non-binding
- case may go to court if not resolved
- further costs and time
- court will insist on settling with negotiation
Examples of situations that may require negotiation
- noise caused by neighbours
- returning faulty goods to the shops
- receiving poor service from a tradesman
what is alternative dispute resolution?
alternative dispute resolution, one of the key Woolf reform recommendation.
what is mediation?
where a neutral third party attempts to resolve a dispute (possible face to face) with both parties, without giving their opinion.
describe what mediation is
- slightly more form of dispute resolution than negotiation
- still relatively informal method of dispute resolution
- a neutral third party attempts to find a resolution (without giving an opinion) kinda like a referee.
advantages of mediation over litigation?
- both parties are in control of proceeding and decisions
- based on common sense rather than legal advice
disadvantages of conciliation over litigation
- only works if both parties co-operate and agree
- many decisions may not be reached and are non-binding.
examples of mediation
- businesses negotiating or renegotiating contracts
- marriage guidance to avoid separation or divorce
What is concilliation?
A form of mediation where a third party is active in raising ideas for compromise between the parties in dispute.
Advantages of concillilation over litigation
- more formal version of mediation, where an impartial concilliator takes an active role in suggesting and advising the parties.
Disadvantages of concilliation over litigation?
- can require confrontation with the other party, but some cases are dealt with via telephone.
Examples of concilliation
- disputes access to goods and services by disabled people
- cases of alleged discrimination
- some employment disputes
- some family law matters involving the Family Division of the high court
What is arbitration?
A form of ADR where the parties to a dispute refer the case to an independant third party, known as an arbitrator, to decide the outcome.
Advantages of arbitration
- an agreement to arbitrate can be made at any time, ans it is usually included in a contract known as the Scott v Avery clause.
- The descision is binding and can be enforced through the courts.
Disadvantages of arbitration
- requires confrontation with the other party
- professional arbitration is more expensive than going to court.
Examples of arbitration
- package-holiday contracts
- dispute between employees and employers using ACAS
What did the Woolf Reforms of the 1990’s suggest?
He recommended ADR as means of avoiding the overburdened courts