Alternative Dispute Resolution and Tribunals

Question 1

What are the four types of ADR (alternative dispute resolution)

Answer 1

• negation
• mediation
• conciliation
• arbitration

Question 2

What is negotiation?

Answer 2

discussing the issue in a dispute with the clients solicitor with a view to reaching an agreement, compromising.

Question 3

Where may you use negotiation?

Answer 3

Personal Injury Claims

Employment disputes

Question 4

Name 3 advantages of negotiation

Answer 4

Efficient use of time
Speed
good working relationships
confidential
range of possible solutions
the parties have control to compromise

Question 5

What are some of the disadvantages of negotiation?

Answer 5

may be a waste of time
one party may be representing them-self
one party may more dominant

Question 6

What is mediation?

Answer 6

Each party will submit a brief written statement setting out their side of the case with any supporting documents.

A confidential meeting will be held at which the parties will be kept separate. A trained mediator will hear both parties side of the case in order to come to a final agreement.

Question 7

Where may you encounter mediation?

Answer 7

Family Law Matters

Workplace disputes

Contractual disputes

Question 8

What are some advantages of mediation?

Answer 8

• faster cheaper and more informal
• parties can contribute content towards the agreement
• non-confrontational atmosphere
• final agreement becomes legally binding

Question 9

What are some disadvantages of mediation?

Answer 9

• one party who is not represented may be pushed into agreeing to something that they didn’t really want to agree
• one party may not disclose all their finances

Question 10

What is conciliation?

Answer 10

This is very similar to mediation however the conciliator can also propose compromises and agreements.

The Conciliator may also propose a solution that neither party thought of.

Question 11

where may you encounter conciliation?

Answer 11

It is often used to resolve disputes between groups of workers represented by their trade union and their employers.

ACAS provides a conciliation service for these disputes.

Question 12

What is Arbitration?

Answer 12

The parties to a civil dispute submit their arguments and evidence to an independent arbitrator who will make a final decision in relation to the dispute.

Question 13

What act is Arbitration governed by?

Answer 13

Arbitration Act 1996

Question 14

Where may you encounter arbitration?

Answer 14

technical and scientific matters such as construction or accounting

Consumer matters such as holidays

Commercial disputes

Question 15

What are some advantages of arbitration?

Answer 15

• quicker and cheaper
• informal
• the arbitrator will be an expert in the subject matter