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What are the alternative methods of dispute resolution

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Introduction

What are the alternative methods of dispute resolution? Discuss each. Alternative methods of dispute resolution (ADR) are methods of resolving a dispute without resorting to using the courts. The fundamental principles of Alternative Dispute Resolutions are Negotiation, Tribunals, Conciliation, Arbitration and Mediation. Many of these approaches include the use of a neutral individual such as a mediator who can assist disputing parties in resolving their disagreements. The use of these methods helps in bringing justice to all people concerned with civil matters. The most obvious and most cost effective way of resolving disputes is by negotiation. It is where the two parties get together and discuss the points of the matter. Also this way of solving disputes means that the parties involved may remain on talking grounds, which usually benefits everyone concerned. If the matter cannot be solved through informal negotiating then the parties involved can involve solicitors to negotiate a settlement for them. This, however, does mean there will be a cost element but it could eliminate the amount of time taken up, which is what ADR aims for. Although negotiating is simple, its practicality can be questioned, as some matters may take years to resolve and can cost a lot. ...read more.

Middle

The use of a conciliator may not necessarily result in a resolution and the matter may have to go to the courts. This kind of method is likely to be used over small matters regarding unfriendly neighbourly activity; such as loud music all day and night. Arbitration is when the parties agree to submit their claims to private arbitration; this is the type of arbitration relevant to alternative dispute resolution, as it is a way of resolving a dispute without the need for a court case. Arbitration is the voluntary submission of the dispute by the parties, to the judgement of some person other than a judge. Such an agreement will usually be in writing. The agreement to go to arbitration can be made by the parties at any time. The Arbitration Act of 1996 states that the parties are free to agree on the number of arbitrators. If the parties cannot agree on a number, the Act provides that only one arbitrator should be appointed. An arbitrator is likely to have specialist knowledge in a particular area and this helps the parties form the grounds on choosing which arbitrator to have. ...read more.

Conclusion

The role of Employment Tribunals is to cover all aspects of work-related disputes; these are the most formal and their procedure is similar to that of courts. Domestic Tribunals are effectively 'in-house' tribunals set up by private bodies, usually for their own internal disciplinary control. Generally there are no formal rules of tribunals and the rules of natural justice apply. The decisions of tribunals can be challenged in court. Whether the matter is about private or corporate matters alternative modes of dispute resolution (ADR) have helped reduce the costs of going to court, so more people can find ways to solve their disputes. Cases can now be dealt with more quickly, which is a credit to ADR. The formalities of court proceedings have been taken away so that citizens do not feel daunted by the prospect of having to go to a court room. Another reason why ADR shows that the courts are not the best means of solving disputes is, that the legal jargon is also taken away in most ADR circumstances making the proceedings easier to follow for those without the legal knowledge; and people are less likely to need the services of a lawyer. Therefore, it can be seen that ADR is a cost-effective, time consuming method to get speedy justice. (1240 words) ...read more.

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