Law Sec. A, ADR

Question 1

Negotiation

Answer 1

2 parties reach decision without 3rd party
Not legally binding
Reach compromise
Encouraged by law society and courts

Question 2

Mediation

Answer 2

2 parties reach decision with the help of a neutral third party who does not offer suggestions or advice
Not legally binding
Eg: CEDR(businesses), RELATE(couples)

Question 3

Conciliation

Answer 3

2 parties reach an agreement with the help of a neutral third party who is actively involved
Not legally binding
Eg: ACAS solves employment disputes (2015 junior dr strike)

Question 4

Arbitration

Answer 4

A neutral third party makes a decision which the parties agree to follow
Legally binding (arbitration act 1996)
Parties choose date, time, place and arbitrator
Paper arbitration
Vocal arbitration
Called an award
Types: small claims track, consumer, commercial

Question 5

Employment tribunals

Answer 5

Hear claims from people who think their employer has treated them unlawfully
Unfair dismissal, discrimination, unfair pay deductions
Within tribunal act 2007
Appeal within 42 days
An employment judge and two lay people

Question 6

Litigation

Answer 6

Taking someone to court

Question 7

Ads of litigation

Answer 7

Courts have remedies
Binding and enforceable decisions
Can appeal
Fair procedure

Question 8

Disads of litigation

Answer 8

Time consuming
Expensive (costs NHS £2.2 bil a yr)
Lack of legal aid
Unwanted publicity

Question 9

Ads of ADR

Answer 9

Less formal than court
Cheaper than court
Preserves a relationship
Private resolution
Person making decision is an expert

Question 10

Disads of ADR

Answer 10

Not legally binding
Expensive
One party more dominant
No appeal structure
Limited legal knowledge