Alternative Dispute Resolution

• Negotiation

  least formal ADR. Parties reach agreement themselves (no third party, but can take place between solicitors). Negotiations often continue once claim has begun and many settle just before trial
• Mediation


  independent & neutral third party to act as a ‘go-between’. Mediator does not make suggestions. Mediation encouraged in family law and neighbour disputes.
• Conciliation


  similar to mediation, but conciliator has a more active role. They can make suggestions on what would be a fair outcome for both parties (though their opinion is non-binding). E.g. ACAS
• Arbitration


  set up under the Arbitration Act 1996. It is the most formal type of ADR. Parties can put a clause in any contract stating they agree to settle any future dispute with arbitration before they have even

  arisen (Scott v Avery). Commonly used by businesses, trade unions and professions.