All information gathered in the conciliation process is kept confidential and is not made available to court proceedings.
Arbitration is a private process by which an independant preson called an Arbitrator resolves the disbute by making a decision that binds the parties. Arbitrators are often specialists in their field. Generally both sides have to accept an Arbitrator. Arbitrations may have a longer waiting list that legal trials.
Arbitration is a consensual process; a party cannot be forced to arbitrate a dispute unless he agrees to do so.
In arbitration an independent third party considers both sides in a dispute, and makes a decision to resolve it. The arbitrator is impartial; this means he or she does not take sides. In most cases the arbitrator's decision is legally binding on both sides, so it is not possible to go to court if you are unhappy with the decision.
Mediation is where a Mediator is brought in to help the parties to reach a compromise without imposing a solution on them. The Mediator will talk to both sides and act as a neutral go-between.
This is used in a number of civil disbutes where the relationship between the parties has broken down. Companies often use this method to resolve commercial disbutes. It is also used in marital disbutes with Relate.
Mediation is an effective way of resolving disputes without the need to go to court. It involves using an independent third party - a mediator - who helps both sides to come to an agreement.
Mediation is a voluntary process and will only take place if both parties agree.
It is a confidential process where the terms of discussion are not disclosed to any party outside the mediation hearing. If parties are unable to reach agreement, they can still go to court.
Mediation details will not be disclosed or used at a court hearing.
Negotiation is the cheapest form of ADR. It is where the parties or their legal representatives discuss their differences and use compromise to reach a solution. This can happen when the relationship between the parties has not been broken down. Dicisions can be reached very quickly. It can be compared to mediation where a disinterested third party listens to each sides' arguments and attempts to help craft an agreement between the parties. It is also related to arbitration which, as with a legal proceeding, both sides make an argument as to the merits of their "case" and then the arbitrator decides the outcome for both parties.
Ombudsman is a person with special powers to investigate cases in certain areas such as health and pensions where there may be a disbute, particularly if a government body is involved. An Ombudsman can only recommend how a disbute maybe resolved. His or her recommendations cannot be enforced.
Ombudsmen are independent, free of charge and impartial – that is, they don't take sides with either the person who is complaining or the organisation being complained about. In most cases, you must complain to the organisation first, before you make a complaint to the ombudsman.
Tribunals is similar to a court without the ritual or formality. They are involved in a number of specialist tribunal which bear their name: Employment Tribunals, Immigration Tribunals, Social Security Tribunals etc. Three people sit on a tribunal, two with the specialist knowledge on the area involved and a qualified chairman or tribunals.
Employment tribunals are independent judicial bodies who determine disputes between employers and employees over employment rights.
The Immigration Services Tribunal was created in October 2000. It hears appeals against decisions made by the Office of the Immigration Services Commissioner and considers disciplinary charges brought against immigration advisors by the Commissioner.
