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

Consider carefully the facts of the case study and advise Eagle Aviation Ltd. and Aircraft Ltd. of the alternatives to litigation in the ordinary courts and the advantages and disadvantages of each alternative form of ADR.

Extracts from this document...


Emma Carnell Foundation Degree Business QUESTION Consider carefully the facts of the case study and advise Eagle Aviation Ltd. and Aircraft Ltd. of the alternatives to litigation in the ordinary courts and the advantages and disadvantages of each alternative form of ADR. This submission will identify and define each form of Alternative Dispute Resolution (ADR) including each of the forms advantages and disadvantages. It will also compare and contrast each form of ADR and consider which form or forms would be beneficial to both Eagle Aviation Ltd and Aircraft Ltd Alternative Dispute Resolution or ADR can be defined as "any method of resolving a legal problem without resorting to the legal process" (Darbyshire, 2001). ADR is now becoming more and more favorable particularly within the court system as an alternative to traditional forms of litigation (Practice Statement [1994] 1 ALL ER 34, Cresswell, J) (Practice Note [1996] 3 ALL ER 383 this is as litigation is a process that can be costly, time consuming and complicated, therefore ADR is an alternative which can be useful to all parties involved. The leading forms of ADR are; Arbitration, mediation, conciliation and negotiation. ADR is not legally binding with the exception of Arbitration, however in Mediation when a solution has been reached and agreed by each party once it has been written and signed by the parties involved it does then become a legally binding document. ...read more.


The majority of contracts between businesses now include what is known as an Arbitration Clause, this is when parties agree that any future disputes that may occur will be submitted to Arbitration instead of pursuing litigation. There are of course advantages and disadvantages to Arbitration as there are with all other forms of ADR, some of the advantages are that; it is a private process and within business means that any particularly sensitive information about the parties involved and their company remains completely confidential, it is also an informal process unlike litigation, it reduces the risk of parties pursuing litigation, it can help arrive at a decision much quicker than litigation and a significant advantage is that it is considerable less expensive than litigation. The disadvantages are; there is no automatic right to appeal once an Arbitration Award has been prepared, Arbitrators are not obliged to follow the law and it can be extremely difficult to resolve the entire dispute. As in some cases a provision may have already been made within a contract for a particular Arbitrator it may cause problems if the other party feels that the appointed Arbitrator may show bias towards them. Another form of ADR is Mediation; Mediation started within Family Law and has been strengthened by the 1996 Family Law Act, it is used to deal with custody and divorce issues nevertheless it is now becoming widely used within the business community as a way of solving company disputes and it is now being offered as an alternative to litigation by the courts. ...read more.


Negotiations will usually be held in a neutral environment and will be more informal than standard litigation this may help the parties to relax and come to a suitable and rational decision without the situation getting out of hand. Each party will in turn be able to state what they feel is the nature of the dispute before negotiating a suitable outcome. Negotiation is slightly different to Conciliation and Mediation as the person negotiating acts on 'your' behalf and represents and looks after 'your' interests, a successful negotiator will be able to reach a conclusion where they are able to achieve most of their parties wishes but without causing the other party to feel they have lost and therefore detach themselves from the rest of the negotiation process and then choose to pursue a litigation option. Conciliation can be seen as a form of Mediation in fact some people say that the only difference between them is that Conciliators have more power than Mediators as they can "suggest grounds for compromise and the possible basis for a conclusive agreement" (Slapper and Kelly, 2001). Conciliation like Arbitration is part of ACAS and like Mediation tries to allow parties to decide an outcome between them that suits them both, however it does not always guarantee that a dispute will be settled and will not proceed to litigation anyway. ?? ?? ?? ?? 1 ...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 Political Philosophy 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 Political Philosophy essays

  1. Utilitarianism: Explanation And Study of Criticisms

    His aim was to pursue pleasure and avoid pain. Pleasure is the sole good or intrinsically good, and pain is the soul evil or intrinsically evil. "Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do."

  2. Devolved power has all the advantages of unitary systems but none of the disadvantages ...

    One such example of this is in Wisconsin, where the state government introduced vouchers to deal with the public school system. This is also seen in the UK, with numerous examples coming from Scotland (which is the largest and most powerful of the new bodies, having tax-varying powers and primary legislative authority in domestic policy areas)

  1. Nigeria Country Study

    For example, two eras, the colonial (pre-1960) and the post-colonial (post-1960) periods, could be noted. In the colonial period industrialization in Nigeria proceeded without the benefit of orchestrated trade and industrial policies. What passed for trade and industrial policy amounts to no more than a patch-work of ad hoc measures.

  2. Russia's Political Party System as an Obstacle to Democratization

    Additionally, three Duma parties were formed only after the election and together controlled 137 seats, or 30 percent of the Duma. Committee assignments again were somewhat chaotic. Initially the Unity Party and the KPRF formed an agreement to share all committee chairs between them, but after much resistance by the

  1. Iran Country Study

    In the House there are several different legislative calendars, and the Speaker and majority leader largely determine if, when, and in what order bills come up. In the Senate there is only one legislative calendar. * When a bill reaches the floor of the House or Senate, there are rules or procedures governing the debate on legislation.

  2. Marxism Can Only Be Appreciated Retrospectively

    The capitalist sets their conditions and speed of work and also is able to choose whether to employ and sack them. The worker is also alienated of what they are producing in that they have no choice in what is made and what happens to it after it has been made.

  1. The relationship between censorship and student publications by specifically drawing on the Rabelais case

    Judicially-considered concepts underpinning political communication6 is often subject to the maintenance and protection of the system of representative government.7 By strict adherence to this generalization, virtually all political dissent and civil disobedience is then liable to interfere with the maintenance and protection of the government system.

  2. Power and Politics in Organizations: Public and Private Sector Comparisons

    also condemn it as 'politicking', which is seen as parochial, selfish, divisive, and illegitimate (Hardy and Clegg 1996: 629). Kotter (1979) found, for example, that in 2,000 articles published by the Harvard Business Review over a twenty-year period, only 5 of them included the word 'power' in their titles.

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