• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Alternative dispute resolution (ADR) and the advantages and disadvantages of ADR

Extracts from this document...

Introduction

Alternative dispute resolution (ADR) and the advantages and disadvantages of ADR Alternative dispute resolution (ADR) is an alternative way for people to settle disputes instead of going through the courts. There are many different types of ADR, which can be used to settle disputes. The most common methods of ADR are Tribunals, Negotiation, conciliation, mediation and arbitration. Negotiation is the method that most parties in dispute take before they take any further action. This normally conducted either directly between the parties who have a dispute or through their lawyers. Conciliation, this is where a conciliator takes an active role and suggests methods of compromise for the parties. Mediation, this ADR is conducted with an independent 3rd party mediator who doesn't impose a legally binding decision, but helps the parties come to a compromise solution. Mediation has become a popular way of settling disputes and is also now available on the onternet. The cost of a mediator is about �1500, which is a lot more cost effective than litigation, which can cost thousands in legal fees. ...read more.

Middle

Thirdly parties may decide to use arbitration soon after a dispute has arisen. Tribunals have been described as "bodies outside the hierarchy of the courts with administrative or judicial functions" (Curzon, dictionary of law, 1994 p378), which means that they do the same sort of job as judges in courts but they are not part of the courts. Tribunals are made up of one legally qualified chairperson and other lay member who aren't legally qualified but will be experts in the field in which the tribunal concerns for example in an industrial injuries tribunal the two lay members will medically qualified. There are over 70 different types of tribunals, which cover things like social security, immigration, mental health and employment. Employment tribunals cover areas such as unfair dismissal, redundancy, sexual discrimination and racial discrimination. The Franks Committee 1957 recommended changes to the tribunals, this proposed changes were implemented in the Tribunals and inquires Act 1958, which was re-enacted in 1971 and again in 1992. ...read more.

Conclusion

* Another advantage to ADR is that with Arbitration, and tribunals there is precedent that have to follow, so cases can be treated individually The main disadvantages to the use of ADR are: X There is a lack of funding within the ADR, which means there is no legal aid for applicants who want to resolve a dispute in a tribunal. This can leave applicant at a disadvantage if the other side can afford legal representation. X Another disadvantage is that most tribunals do not give a reason for their decisions, which makes it difficult to predict an outcome of most cases. X Also there have been some criticisms that some of the chairman in administrative tribunals where are biased because the government minister who the tribunal is against picks the chairperson. X Also there is no right to appeal even if new evidence becomes available. X Another disadvantage is that when a professional arbitrator is used the fees may be expensive because they are well qualified and well known. ?? ?? ?? ?? Luke Wellings ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Legislations and regulations in sport

    The data protection act 1998 1. The Act implements EC Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data which was adopted on 25 October 1995 for implementation by 24 October 1998.

  2. unit6 end of unit assignment civil litigation

    Thus a summary assessment would follow. (g) On the basis that your Clients obtain a Judgment, how could they enforce it? On the basis that the Client obtains a judgment, there are a number of ways in which they may enforce it that may include: * A warrant of execution

  1. What are the advantages & disadvantages of secondary legislation.

    A major advantage of secondary legislation is he fact that it saves on Parliamentary time. In the passing of an Act it must first enter The House of Commons in the form of a Bill, to proceed it must go through a five stage process, that is: 1)

  2. Aboriginal and Torres Strait Islander people have faced disadvantages in various areas, particularly housing

    The orders included the people were not allowed to live on the reserves, therefore not allowed to be with their families, and not allowed to socialize with non-Aboriginal and Torres Strait Islanders. This leaves the exempted Aboriginal and Torres Strait Islanders lonely and without any proper life.

  1. Alternative dispute Resolution

    Upon completion of the arbitration hearing, the arbitrator reviews the evidence, testimony, and the collective bargaining agreement, considers principles of arbitration, and makes a decision. The arbitrator's decision is generally rendered within 60 days. Hayford noted that "[binding arbitration] minimizes pre-hearing machinations with regard to discovery, motion practice, and the

  2. Investigate The Employment Of People With Disabilities

    Where necessary, the aid of a psychologist is enlisted; in extreme cases, a psychiatrist assists with psychotherapy. Learning difficulties Dyslexia Dyslexia, specific difficulty in learning in one or more of reading, writing, spelling, and numeracy. It is associated with deficiencies of short-term memory.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work