ALTERNATIVE METHODS OF DISPUTE RESOLUTION (ADR)

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ALTERNATIVE METHODS OF DISPUTE RESOLUTION (ADR)

• CIVIL LAW
• Stage 1

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PROBLEMS USING THE COURTS IN CIVIL CASES

• Using the courts to resolve disputes can be
  costly in terms of both time and money
• It can be traumatic for the individuals involved
• It may not lead to the most satisfactory outcome
• The dispute may come into the public domain
  through the press
• Consequently many businesses and people are
  turning to alternative methods to resolve disputes

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TYPES OF ADR
Negotiation
Tribunals
Mediation
ADR
Conciliation
Arbitration
Ombudsman
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NEGOTIATION

• Anyone who has a dispute with another person can
  negotiate a settlement privately
• If disputing parties cannot reach an agreement
  they can ask their solicitors to negotiate a
  settlement on their behalf (this is more costly
• Often a dispute can drag on for years only to be
  resolved at the door of the court

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MEDIATION

• A neutral mediator helps the two parties to reach
  a compromise
• The mediator consults with each party to
  determine if they are willing to reach a
  compromise. The mediator will only agree to help
  if there is a chance a solution can be reached.
• The mediator will carry possible solutions to the
  dispute until the problem is resolved
• The mediator acts as a facilitator to reach
  agreement and will not normally offer their own
  opinion or suggest a solution
• Under mediation it is the parties who are in
  control they make the decisions
• An example of mediation services includes the
  Centre for Dispute Resolution and
  www.theclaimroom.com

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CONCILIATION

• Conciliation is similar to mediation but instead
  the conciliator plays a more active role
  offering solutions to the dispute
• The Advisory Conciliation and Arbitration Service
  (ACAS) can provide conciliation services

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ARBITRATION

• Arbitration in terms of ADR is a also known as
  Private Arbitration
• The rules and procedures for taking a claim to
  arbitration are covered by the Arbitration Act
  1996
• ACAS can provide independent arbitration services

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Arbitration hearing

• There are many forms of arbitration hearing e.g.
• The decision made by the arbitrator is called an
  award and it is binding on all parties

A more formal hearing where disputing parties
have to put their case
Paper arbitration hearing
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Ombudsman

• The Ombudsman offers protection against bad
  government administration to citizens
• The ombudsman is not able to investigate personal
  matters or initiate an investigation.
• There are several types of ombudsman e.g. The
  Legal Service Ombudsman

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TRIBUNALS

• Tribunals are similar to the courts but they act
  outside of the court system
• Most tribunals were established after the
  development of the welfare state post 1945
• Tribunals were set up to give people a method of
  enforcing their entitlement to certain social
  rights
• They therefore deal with disputes between the
  citizen and the state

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TYPES OF TRIBUNAL
Employment tribunals
Rent tribunals
Social security tribunals
TYPES
Mental Health Review Tribunal
Immigration tribunals
Administrative tribunals
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Composition of tribunals

• Since the different tribunals have been set up at
  different times, they do not operate in the same
  way
• However, the majority of tribunals sit with a
  panel of three a legally qualified chairman and
  two lay members with particular experience in the
  work of that tribunal
• Tribunals are designed to encourage individuals
  to bring their own case and not use lawyers

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Employment Tribunals

• These were originally called industrial tribunals
• They were set up under the Industrial Training
  Act 1964
• The role of employment tribunals is to cover all
  aspects of work-related disputes e.g. unfair
  dismissal

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Control of Tribunals

• The Tribunals and Inquiries Act 1958 set up the
  Council on Tribunals
• Control by the Courts this can occur either
  through an appeal route or the QBD can hear
  applications for judicial review against tribunal
  decisions