ADR

• ADR is Alternative Dispute Resolution and is a method of solving a dispute without the need of litigation.
• Litigation is expensive and slow so therefore ADR is useful.
• There are four types of ADR:

  • Negotiation
  • Mediation
  • Conciliation
  • Arbitration
• Negotiation is direct communication between two parties. It is completely private, quick, and cheap.
• Mediation had a neutral third party and they try and reach a compromise that way. Mediators only work when there is hope that parties can co-operate like in company and family law.
• Conciliation has a neutral third party and that third party will offer grounds of compromise and possible basis for settlement.
• ACAS (Advisory, Conciliation, and Arbitration Service) can provide their services to do this in industrial disputes.
• Arbitration is governed by the Arbitration Act 1996 and it is a binding agreement made in writing.
• Arbitration will include a Scott v Avery clause.