ADR

• Negotiation


  The most informal type of ADR.

  Reasons for ADR

  • Cheaper
  • Faster
  • Relationship friendly

  Negotiation

  • Between two different sides, trying to fix a court
  • Both sides have meetings/ letters/ calls to decide who was at fault
  • decisions are made "without prejudice" and solicitors are often used
  • Claimant will often settle for less compensation and may only be settled "on court steps"

  Simon Cowell v Simon fuller

  Apple v Samsung
• Mediation


  Relatively formal form of ADR

  • Two parties settle their dispute with the help of a Mediator, provided through the Advisory concilliation and Arbitration services
  • The mediator is a 3rd party with expertise in the area of conflict, they are neutral
  • They offer no resolutions but are simply there to talk
  • Resolution made "without prejudice"

  Family mediation is commonly used to resolve family matters
• Conciliation


  Extension of mediation, Conciliator will play a more active role and make suggestions, usually used in industrial disputes.
• Arbitration


  Relatively formal use of ADR

  The Arbitration Act 1996, Arbitrators given through Advisory conciliation and Arbitration services or the Institution of Arbitrators.

  • A court style hearing will occur, lawyers are allowed but are discouraged
  • The arbitrator will make the final decision and it is legally binding and can be held up in court.

  Terms and conditions clauses- Scott v Avery, Arbitration will be used if a dispute was to arise.

  Often used by the Association of the British Travel agency.
• Employment Tribunals 


  Must be used if available.

  Regulates by the Tribunals and Enquiries Act- 1992

  The Tribunals courts and Enforcement Act 2007

  • A panel of 3 (legally qualified chairman and 2 lay people) or a single tribunal judge will decide
  • Lawyers can be used but are discouraged
  • Outcome is final and legally binding
  • Employment Appeal Tribunal is also available
• Advantages of ADR

  • cheap
  • quick
  • relationship friendly
  • relieves the burden on the civil courts
  • Allows for privacy
  • Informal
• Disadvantages of ADR


  • Argued that it is an attack on general legal standards
  • Limited appeals process
  • Legal Aid is uncommon
  • May still be expensive
  • May have to court anyway
• Advantages of Civil Courts 


  • Legal expertise
  • Legally binding decision
  • Appeals process
  • Remedies
  • Use of precedent
• Disadvantages of Civil Courts 


  • Expensive
  • Lack of technical knowledge
  • Need for lawyers
  • Power imbalance
  • Publicity
  • Backlog