ADR

• Negotiation 

  -both parties involved (no court) 

  -least formal 

  -most common type of ADR 

  -no 3rd party

  -usually between the patties themselves or their legal representatives (solicitors) or insurers 

  -both parties can suggest a resolution and it’s not usually binding unless the court proceedings have already been used 

  -inquisitorial process 

  -face to face or emails 
• Mediation 

  -both parties involved and a 3rd party (who helps revolve the dispute) (neutral) ‘mediator’ -trained lawyer 

  -parties agree the mediator, time, date and place of the mediation 

  -more formal than negotiation, less formal than conciliation 

  -used for contracts and family disputes 

  -inquisitorial 

  -non-binding/enforceable 

  -parties can use lawyers but must pay for them themselves. 
• Conciliation 

  -often trade unions (both parties involved) 

  -parties have control (time,venue, date) 

  -neutral 3rd party = conciliator - helps resolve the dispute 

  -makes suggestions, not the final decision 

  -used in business and employment disputes 

  -can use ACAS (arbitration and conciliation advisory service) 

  -non binding or enforceable 

  -less adversarial - more inquisitorial 

  -more formal than mediation, less formal than arbitration. 
• Arbitration 

  -most formal type of ADR 

  -a neutral 3rd party known as the arbitrator takes both sides into account and gets a decision called an ‘award’ 

  -binding and enforceable 

  -arbitration rules = the arbitration act 1996 

  -both parties must agree with the arbitrator (a lawyer/technical expert) 

  -ranges from letters to almost a court like hearing 

  -parties can get represent themselves or get a lawyer (must pay themselves) 
• Arbitration

  -can appeal (if you think it’s the law/process was wrong) 

  -used in commercial/package holiday disputes. 

  -businesses put a ‘Scott v Avery’ Clause in their original contract for agreement meaning ‘if we fall out in future we will take arbitration before courts’