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

Alternative Methods of Dispute Resolution

Extracts from this document...


´╗┐Alternative Methods of Dispute Resolution (ADR). Often using the civil and criminal courts to resolve a dispute can be very costly and time consuming, whilst also being traumatic for the parties concerned. As court proceedings are public affairs there may also be a lack of privacy whilst court proceedings may not always lead to a satisfactory outcome. Therefore, there have been significant steps taken by both government and independent reports such as the ?Woolf report? encouraging the use of ADR. Methods of dispute resolution; Negotiation; Parties themselves. Mediation; Parties with aid of neutral 3rd party. Conciliation Parties with aid of neutral 3rd party who will play an active role in suggesting a solution. Arbitration; Parties agree to let a 3rd party make a binding decision. Negotiation; A private meeting between the two individuals concerned where they seek to resolve the dispute. However, if a settlement cannot be reached the parties may use solicitors who will continue negotiation on behalf of their client. ...read more.


Advantages of this procedure include many issues are often ‘narrowed-down’ resulting in the inevitable court case to be shorter. Similarly in a business dispute it would be better to reach a settlement out of court, so as to continue future business dealings with one another. It is often said about mediation that, “Everyone wins”. The “London Centre for Dispute Resolution” counts among its members, many of the capital’s big law firms and many significant multinational corporations. Businesses say that using the centre has saved them thousands in court costs. Typical mediation service costs around £1500, whereas court costs can amount to £80,000+. The centre claims that 80% of cases it dealt with are resolved, whilst the remaining 20% have their issues significantly narrowed-down resulting in a shorter court hearing. However, as with other ADR, there is guarantee of a case being resolved. Conciliation; Similar to mediation except that the neutral 3rd party will play a more active role in suggesting a solution to resolve a dispute. ...read more.


Increasingly, arbitrators are experts in the field in dispute, e.g. a lawyer will often preside over a case involving a point of law. The time and place of hearing can also be chosen at the discretion of the parties in consultation with the arbitrator. This adds to the freedom and flexibility afforded to parties. The actual procedure varies greatly due to the freedom given for ADR. The most common procedure is paper arbitration, which involves the parties submitting written relevant points of the case on which basis the arbitrator will reach a decision. However, this may be followed by a hearing where the parties and witnesses will make oral submissions in the presence of the arbitrator. Advantages & Disadvantages of Arbitration; + Cheap, quick and private. + Arbitrator can be chosen, so an expert in the field in dispute may be selected. + time and place of hearing can be chosen by the parties. + Decision is binding and enforceable by the courts. - Limited rights of appeal. - Professional arbitrator fees can be expensive. ...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 Machinery of Justice 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 Machinery of Justice essays

  1. Marked by a teacher

    Alternative Dispute Resolution (ADR) is the name given to the process where parties in ...

    5 star(s)

    The volume of mediation is low as there has been resistance to the idea of mediation.

  2. Alternative Dispute Resolution Essay

    which says that in the event of dispute the parties will use arbitration, and in these cases the Arbitration Act dictates that courts must refuse to deal with the cases. However this does not mean that a decision to arbitrate cannot be made after the dispute has arisen, the decision may be made afterwards.

  1. Disputes - Is ADR always more appropriate or does attending court sometimes providing a ...

    ADR Court Interests accommodation- Parties concern their own interest more than right Rights enforcement - Parties concern their right more than interest Voluntary and consensual- Parties involved voluntarily and in consensual Coercive and binding - Parties involved involuntarily or under pressure Procedural flexibility- Parties control the process and set up

  2. Alternative dispute resolution. Alternative methods for resolving such disputes have developed, or been ...

    The speed of alternative methods to court is a lot faster than the court process, and you are able to decide when you want to try and find a resolution to your dispute, which means you do not necessarily have to take time out of work, which you may have

  1. Penal Studies for Professional Practice

    For example it is reported that only 17% of men stand by their women compared to 80% of women who remain loyal to their men (The Guardian, 2001). Also the majority of women in prison are mothers and single parents, therefore they fear for their children's safety and well being (Gelsthorpe 2004, p34).

  2. The Alternative Dispute Resolution (ADR)

    The parties can agree to consider mediation as the first stage of arbitration (explained later) beforehand, in case mediation fails to settle the argument. * Conciliation is very similar to mediation. The only difference lies in the power delegated to the third party: a conciliator may play " a more

  1. Alternative Dispute Resolution refers to methods of resolving disputes without going to court.

    Followed by the private meetings with the adjudicator as each party puts forward their arguments and case. In the second plenary meeting, the mediator and conciliator would bring the two parties together to negotiate each of their terms. This allows parties to reach their own agreed solutions void of aggressive atmosphere in courts which helps to sustain relationships.

  2. Alternative Dispute Resolution

    Legal representation is not encouraged thereby reducing legal costs. However, applicants can be assisted by a ?friend? be it a trade union or social worker. In Bache v Essex?s case, P was represented by a lay person X in an employment tribunal. X persisted in raising irrelevant matters and tribunal directed P to represent herself.

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