Alternative Dispute Resolution (ADR)

Question 1

ADR diffs

Answer 1

negotiation, mediation, conciliation and arbitration.

Question 2

Negotiation

Answer 2

parties resolve themselves

Question 3

Mediation

Answer 3

parties with the help of 3rd party (non legal)
- only useful if hope of compromise

Question 4

Conciliation

Answer 4

help of neutral 3rd party, actively suggests solutions
- ACAS (Advisory Conciliation and Arbitration Service) organisation that look at disputes with employees/employers

Question 5

Arbitration

Answer 5

3rd party makes a binding decision
- like court, less formal
both parties voluntarily submit to go through process
- arbitrators decision is final and binding
Scott v Avery clauses in consumer agreements

Question 6

Tribunals

Answer 6

panel of independent ppl make a decision
- decisions are binding
- reside alongside, although not court structure

Question 7

Litigation (court)

Answer 7

parties go to court and judge decides

Question 8

Tribunal procedure

Answer 8

• one judge presides, may be assisted by some non-lawyers who are experts in their fields, depending on the type of tribunal.
• Formality depends on the tribunal, but both sides are given the opportunity to have their say.
• Applicants will usually represent themselves as funding is only available in some tribunals. In employment tribunals, an employee’s trade union will sometimes provide them with legal representation.

Question 9

Tribunal advantages

Answer 9

• cheaper
• quick hearings
• informal

Question 10

Tribunal disadvantages

Answer 10

• lack of funding
• more formal than ADR
• delay

Question 11

Upper tribunal

Answer 11

• Hears appeals from the First-tier Tribunal.