ADR

• 8 reasons why people don't like going to court

  • Expensive
  • Delays
  • Complicated
  • Winner and a loser
  • Aggressive atmosphere
  • Intimidating and stressful
  • Not in control
  • Bad publicity
• Going to court is


  • expensive
  • Delays often occur
  • Complexity – ordinary people may have difficulty understanding the procedures
• 4 advantages of taking your case to court

  • A final decision will be made
  • Could be quicker than using other methods
  • Professionals will be making the decision
  • Routes of appeal available
  • Remedies gained in court are usually higher
• ADR


  Recommended that ADR should be used to overcome the problems caused by the civil system
• 1996 Lord Woolf Report
• Courts now have a duty to encourage ADR
• 1999 Civil Procedure Act allows Judges to stop court proceedings so that ADR can be tried first
• Methods of ADR


  • Negotiation
  • Mediation
  • Conciliation
  • Arbitration
• Negotiation


  The disputing parties try to come to a decision themselves or can instruct a lawyer to help
• ADVANTAGES of Negotiation


  • Cheaper/Quicker than court
  • Parties are in control
  • Can be used at any point
  • Can include decisions about the future
• DISADVANTAGES of Negotiation


  • No guarantee that the matter will be resolved
  • May still have to go to court
  • Only suitable if parties co-operate
  • Can be lengthy if drags on
• Mediation


  The disputing parties are helped to come to a decision themselves with the use of a neutral third party
• Top 10 reasons why neighbours come into conflict

  • 10. Putting in a new driveway
  • Painting the outside of a home
  • Neighbour making a change which will lower the value of your home
  • Building something in the garden
  • Noisy or messy builders
  • Access rights to the property
  • Extension/change that would block out light
  • Chopping down trees or shrubs
  • Boundary dispute
  • Top Reason: Repair or removal of a fence
• Conciliation


  The disputing parties are helped to come to a decision with the use of a neutral third party who plays an active role in suggesting a solution
• When would conciliation generally be used?
• Arbitration


  The disputing parties agree to let a third party decide. The decision made by the arbitrator is legally binding
• Arbitration Act 1996
• Scott v Avery Clause
• Legally Binding


  Can be enforced in the courts if necessary. Decision can be appealed in the courts for serious irregularity in the proceedings or on a point of law. Used in building contracts and holiday contracts.
• Advantages of using arbitration

  • Parties may choose their own arbitrator
  • Expert arbitrator saves calling expert witnesses
  • Hearing time and place chosen to suit both parties
  • In private so no publicity
  • Quicker and cheaper
  • Legally binding
• Disadvantages of using arbitration

  • Professional arbitrators are more expensive
  • Legal point may arise which non-lawyer arbitrator can't deal with
  • Right of appeal limited
  • The parties are not in control of the decision
  • Winner and a loser
  • May damage ongoing relationships