Transcript Alternative methods of dispute resolution (ADR)

ALTERNATIVE METHODS OF DISPUTE
RESOLUTION (ADR)
CIVIL LAW
Stage 1
PROBLEMS USING THE COURTS IN
CIVIL CASES
• Using the courts to resolve disputes can be costly in
terms of both time and money
• It can be traumatic for the individuals involved
• It may not lead to the most satisfactory outcome
• The dispute may come into the public domain
through the press
• Consequently many businesses and people are
turning to alternative methods to resolve disputes
TYPES OF ADR
Tribunals
Negotiation
Mediation
ADR
Conciliation
Arbitration
Ombudsman
NEGOTIATION
• Anyone who has a dispute
with another person can
negotiate a settlement
privately
• If disputing parties cannot
reach an agreement they
can ask their solicitors to
negotiate a settlement on
their behalf (this is more
costly
• Often a dispute can drag
on for years only to be
resolved ‘at the door of the
court’
MEDIATION
• A neutral mediator helps the two parties to reach a
compromise
• The mediator consults with each party to determine if they
are willing to reach a compromise. The mediator will only
agree to help if there is a chance a solution can be
reached.
• The mediator will carry possible solutions to the dispute until
the problem is resolved
• The mediator acts as a ‘facilitator’ to reach agreement and
will not normally offer their own opinion or suggest a solution
• Under mediation it is the parties who are in control: they
make the decisions
• An example of mediation services includes: the Centre for
Dispute Resolution and www.theclaimroom.com
CONCILIATION
• Conciliation is similar to
mediation but instead the
‘conciliator’ plays a more
active role offering solutions
to the dispute
• The Advisory Conciliation
and Arbitration Service
(ACAS) can provide
conciliation services
ARBITRATION
• Arbitration in terms of ADR is a also known
as Private Arbitration
• The rules and procedures for taking a
claim to arbitration are covered by the
Arbitration Act 1996
• ACAS can provide independent
arbitration services
Arbitration hearing
• There are many forms of
arbitration hearing e.g.
‘Paper’ arbitration
hearing
• The decision made by the
arbitrator is called an
‘award’ and it is binding on
all parties
A more formal hearing
where disputing parties
have to put their case
Ombudsman
• The Ombudsman offers
protection against bad
government administration
to citizens
• The ombudsman is not able
to investigate personal
matters or initiate an
investigation.
• There are several types of
ombudsman e.g. The Legal
Service Ombudsman
TRIBUNALS
• Tribunals are similar to the courts but
they act outside of the court system
• Most tribunals were established
after the development of the
welfare state post 1945
• Tribunals were set up to give people
a method of enforcing their
entitlement to certain social rights
• They therefore deal with disputes
between the citizen and the state
TYPES OF TRIBUNAL
Employment
tribunals
Social security
tribunals
Mental Health
Review
Tribunal
Rent tribunals
TYPES
Immigration tribunals
Administrative tribunals
Composition of tribunals
• Since the different tribunals have been set
up at different times, they do not operate in
the same way
• However, the majority of tribunals sit with a
panel of three: a legally qualified chairman
and two lay members with particular
experience in the work of that tribunal
• Tribunals are designed to encourage
individuals to bring their own case and not
use lawyers
Employment Tribunals
• These were originally called industrial
tribunals
• They were set up under the Industrial
Training Act 1964
• The role of employment tribunals is to
cover all aspects of work-related
disputes e.g. unfair dismissal
Control of Tribunals
• The Tribunals and Inquiries Act 1958 set
up the Council on Tribunals
• Control by the Courts – this can occur
either through an appeal route or the
QBD can hear applications for judicial
review against tribunal decisions