Alternative Dispute Resolution (ADR)

Negotiation

This is where people try to resolve the conflict face to face and without involving the legal system. This is useful for cases like noise caused by neighbours or returning faulty goods to the vendor

Mediation

A neutral third party mediator sits in on a negotiation to keep it proceeding in a good way. This is best for business disputes or marriage guidance.

Conciliation

This is where the mediator attempts to reach a compromise if the parties have failed to come to an agreement through mediation. This can be used in Equality act matters.

Arbitration

An arbitrator will hear the cases of each side and decide the case in a much faster and cheaper method than going to court. This is used in employment disputes.

Advantages of the civil courts

• Simple, logical system

• Doesn’t normally require legal representation

• Simplified and single set of rules governing

• Appeals and jury trials available

Disadvantages of civil courts

• Queen’s Bench division is based in London only

• ADR is not always enforced meaning cases sometimes clog up the system

Advantages of Negotiation

Quickest and cheapest form as no involvement from the legal system required to iron out smaller issues

Disadvantages of Negotiation

Requires confrontation with the other party and it isn’t always foolproof and can lead to the legal system getting involved

Advantages of Mediation

Also mostly separate from the legal system and the parties have more control over proceedings

Disadvantages of Mediation

Only works if the parties cooperate and the decisions aren’t legally binding

Advantages of Conciliation

More formal than other methods so better for formal business disputes

Disadvantages of Conciliation

Requires confrontation from the parties and also isn’t legally binding

Advantages of arbitration

An agreement to arbitrate can be made at any time, The decision is binding and must be followed

Disadvantages of arbitration

Requires a professional arbitrator meaning the process can be more expensive than other methods