adr

• Negotiation


  Usually the first method of dispute resolution. This is direct communication between parties, one on one.
• How negotiation arises


  Parties will volunteer and agree to try to resolve the dispute between themselves before trying any other methods
• Disputes where negotiation is often used

  • Low-key disputes such as disputes between neighbours, homeowners and tradesmen and small disputes between businesses
• Parties involved in negotiation


  Just the two parties themselves. Lawyers may be used if the parties wish but without them there is no cost for negotiation.
• Negotiation process


  The parties have complete control over this method. They will decide on a method of communication; face to face, phone, email, text skype etc. a time and a place if necessary. They also have complete control over how the negotiation will occur. This is likely to be private, continued communication over a number of hours, days or weeks until the parties can decide on a resolution. Parties may pull out at any time and may decide that they are unable to reach an agreement.
• Negotiation outcome


  The outcome is reached by the two parties themselves and it will not be legally binding unless the parties make it so. This would mean that non-compliance with any part of an agreement may result in a party being able to make a claim in court.
• There are no appeals for negotiation.
• Mediation


  A neutral person helps parties to reach an agreement through acting as a facilitator
• How mediation arises


  1. Parties will volunteer and agree to try to resolve the dispute between themselves before trying any other methods

  2. The Family Law Act 1996 makes it compulsory for divorcing couples to use mediation to try to reach an agreement
• Organisations providing mediation services

  • Relate
  • National Association of Family Mediation and Conciliation Services
  • Centre for Dispute Resolution
• West Kent Mediation service


  • Free
  • Can help with disagreements between neighbours about noise, car-parking, dogs or boundary fence disputes
• Mediator


  A neutral mediator who is trained in mediation and will have some specialist knowledge on the type of dispute
• Mediation process


  1. Parties have complete control over the method and may choose the method of mediation and who is to be their mediator

  2. May be a private, face to face discussion or may involve having parties in separate rooms and the mediator acting as a messenger between them

  3. Mediator will not give any opinions unless asked to do so

  4. Parties may pull out at any time and may decide that they are unable to reach an agreement
• Formal mediation process


  1. Involves a panel composed of a decision-making executive from each party and a neutral party

  2. Once submissions are made, the executives, with the help of the neutral adviser, will evaluate the two sides' positions and try to come to an agreement

  3. If the executives cannot agree the neutral adviser will act as a mediator between them
• There are no appeals for mediation
• Conciliation


  Neutral person helps parties to reach a compromise solution by making suggestions
• How conciliation arises


  Parties will volunteer and agree to try to resolve the dispute between themselves before trying any other methods
• Organisations providing conciliation services

  • National Association of Family Mediation and Conciliation Services
  • ACAS
  • DCS
• Conciliator


  • Neutral
  • Trained in mediation
  • Has specialist knowledge on the type of dispute
• Parties involved in conciliation

  • Two parties
  • Lawyers (discouraged to keep costs down)
• Conciliation process


  1. Parties have complete control

  2. Agree method of conciliation and conciliator

  3. Private, face to face discussion

  4. Conciliator takes active role suggesting grounds for compromise or settlement

  5. Parties may pull out at any time

  6. Parties may decide unable to reach agreement
• Conciliation outcome


  • Compromise reached by the two parties themselves
  • Outcome not legally binding unless parties make it so
  • Non-compliance may result in a party being able to make a claim in court
• There are no appeals for conciliation
• Arbitration


  Parties voluntarily submit their dispute to a neutral party who is not a judge
• How arbitration arises


  1. Parties will volunteer and agree to try to resolve the dispute between themselves before trying any other methods

  2. A Scott v Avery clause can be used in a contract which may stipulate that should a dispute arise, arbitration must be used to resolve it

  3. In both cases the agreement to arbitrate is put into writing
• Examples of arbitration


  • Industrial disputes that may also be resolved through arbitration, for example using the service provided by ACAS
  • Consumer disputes may also use arbitration, for example ABTA which deals with disputes over package holidays
• Who's involved in arbitration

  • Parties can choose their arbitrator/s
  • Alternatively, the agreement may name an arbitrator or stipulate a method for choosing one or a court may choose an arbitrator
  • A sole arbitrator can be chosen or a panel of 2 or 3
  • Arbitrators are neutral and trained in dispute resolution and will have some expertise in the particular field involved in the dispute
  • If the dispute involves a point of law it may be appropriate to appoint a lawyer as the arbitrator
  • There are also the two parties and lawyers may be used if the parties wish but this is discouraged to keep costs down
• Arbitration process


  1. Parties have control over this method and may choose the time, place, and form of arbitration in conjunction with the arbitrator

  2. This could be through a private court-like hearing where witnesses may be required or it may involve 'paper arbitration' where parties submit their written arguments to the arbitrator who then makes a decision and sends the parties the agreement
• Arbitration outcome


  • The outcome is reached by the arbitrator/s and is referred to as an 'award'
  • This award will be legally binding
  • Non-compliance with any part of an agreement may result in a party being able to make a claim in court
• Appeals in arbitration


  • Under The Arbitration Act 1996 there are two instances where an appeal against the award can be made: under s68 if there is a serious irregularity in the proceedings or under s69 where there is a point of law at issue