*Need to complete* Alternative Dispute Resolutions (ADRs)

What are the 5 methods of ADR

Negotiation

Mediation

Conciliation

Arbitration

Employment Tribunal

Why is Negotiation a good method of ADR

Why might Negotiation not work

Cheapest Method since there is no use of lawyers.

Completely private compared to a public court proceeding.

It may just be unsuccessful prolonging the issue and resulting in other ADRs or court.

Parties may be antagonistic towards each-other and not willing to cooperate.

What is Mediation

When is Mediation useful

A neutral third party (mediator) helps parties come to a compromise

Works best when both parties are willing to cooperate

What is the third party in Mediation called

A Mediator

Examples of when mediation is useful

In companies discussing contracts

Family cases

What is the main difference between Mediation and Conciliation

In conciliation the third party's role is more pro-active

What does a conciliator do

Suggests grounds for compromise or settlement

What is arbitration

In which act is it governed

A written Submission by both parties of their dispute to another person other than a judge

Arbitration act 1996

Which methods of ADRs is binding

What is a Scott v Avery clause

A clause in a contract that sets out that in the event of a dispute it will be settled by arbitration

What does s15 Arbitration act state that parties are allowed to agree on

What happens if parties don't agree on this according to the act

The number of arbitrators

And

The procedure for appointing an arbitrator

Only one arbitrator will be appointed

If parties cant agree on who and how to appoint the court is asked to appoint

What hearing procedures can parties opt for

What is an alternative procedure

Paper arbitration

Submitting all points and relative documents to the arbitrator to make a decision.

Parties can submit all relevant documents but the attend a hearing with to support their case, not on oath.

What is the decision called in an arbitration case

When can the decision be challenged under s68 of the Arbitration act

An "Award"

On the ground of serious irregularity in proceedings or a point of law

Advantages of Arbitration

Parties can choose their own arbitrator which ensure the appropriate person is chosen to deal with the matter

The hearing time is agreed to suit both parties

The dispute is resolved quicker than in court proceedings

What are 3 Disadvantages of Arbitration

Legal aid is not available which makes cases difficult for individuals versus businesses

The rights of appeal are limited

An unexpected legal point may arise which may be unsuitable for decision by a non-lawyer arbitrator

What have the disadvantages of arbitration lead to businesses doing

Turning to alternatives offered by centers

Examples of ODRs

eBay

Resolver

Financial Ombudsman Service

What is the aim of the Financial Ombudsman Service

What is the principle it work on

To resolve disputes between consumers and UK based financial businesses quickly with minimum formality

A dispute is best solved at the earliest stage possible without needing formal determination by an ombudsman

Advantages of ODRs

Can be accessed online which people are used to making the whole process easier

It is free for some sites and there are no use of lawyers

In disputes with parties overseas it is very convenient and cost effective

Disadvantages of ODRs

Only suitable for certain types of disputes and not others such as a car crash

Parties must agree to sue ODRs, and if not are required to use court proceedings