Alternative Dispute Resolution

Question 1

How many types of ADR is there?

Answer 1

4

Question 2

What are the four types of ADR?

Answer 2

• Negotiation
• Mediation
• concilliation
• arbitration

Question 3

What is negotiation?

Answer 3

Where an individual attempts to resolve an issue directly, privately and possibly face to face with the other party.

Question 4

Describe what negotiation entails

Answer 4

• most basic form of ADR

- an individual attempts to resolve an issue directly, privately and possibly face to face

Question 5

Advantages of negotion over litigation

Answer 5

• quick
• cheap
• no lawyers or courts involved
• parties can agree upon a time and place to meet up

Question 6

Disadvantages on negotiation over legal action (litigation)

Answer 6

• requires confrontation
• non-binding
• case may go to court if not resolved
• further costs and time
• court will insist on settling with negotiation

Question 7

Examples of situations that may require negotiation

Answer 7

• noise caused by neighbours
• returning faulty goods to the shops
• receiving poor service from a tradesman

Question 8

what is alternative dispute resolution?

Answer 8

alternative dispute resolution, one of the key Woolf reform recommendation.

Question 9

what is mediation?

Answer 9

where a neutral third party attempts to resolve a dispute (possible face to face) with both parties, without giving their opinion.

Question 10

describe what mediation is

Answer 10

• 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.

Question 11

advantages of mediation over litigation?

Answer 11

• both parties are in control of proceeding and decisions

- based on common sense rather than legal advice

Question 12

disadvantages of conciliation over litigation

Answer 12

• only works if both parties co-operate and agree

- many decisions may not be reached and are non-binding.

Question 13

examples of mediation

Answer 13

• businesses negotiating or renegotiating contracts

- marriage guidance to avoid separation or divorce

Question 14

What is concilliation?

Answer 14

A form of mediation where a third party is active in raising ideas for compromise between the parties in dispute.

Question 15

Advantages of concillilation over litigation

Answer 15

• more formal version of mediation, where an impartial concilliator takes an active role in suggesting and advising the parties.

Question 16

Disadvantages of concilliation over litigation?

Answer 16

• can require confrontation with the other party, but some cases are dealt with via telephone.

Question 17

Examples of concilliation

Answer 17

• 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

Question 18

What is arbitration?

Answer 18

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.

Question 19

Advantages of arbitration

Answer 19

• 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.

Question 20

Disadvantages of arbitration

Answer 20

• requires confrontation with the other party

- professional arbitration is more expensive than going to court.

Question 21

Examples of arbitration

Answer 21

• package-holiday contracts

- dispute between employees and employers using ACAS

Question 22

What did the Woolf Reforms of the 1990’s suggest?

Answer 22

He recommended ADR as means of avoiding the overburdened courts