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

Arbitration - ways of resolving civil disputes.

Extracts from this document...

Introduction

ADR Law Exam - Jan 2001 5a) There are a number of alternative ways of resolving civil disputes other than an action before the civil courts. The range of alternatives available include tribunals, arbitration, mediation and conciliation. Arbitration is one method to resolve disputes without court action. Both sides voluntarily agree to an independent third party making a decision on their case. Arbitration is an alternative to court action (litigation), and generally, just as final and binding (unlike mediation, negotiation and conciliation which are non-binding). This process is governed by the Arbitration Act 1996. General principles of arbitration are as follows: * The object of arbitration is to obtain a fair resolution of disputes by an impartial third party without unnecessary expense or delay. * Parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest. * Courts should not interfere. There are three different classifications of arbitration which are: * Commercial arbitration; this is the most common of disputes. ...read more.

Middle

Relate is one well known organisation offering a mediation service. Its services are available to any couple considering a legal divorce, or indeed any couple experiencing difficulties in their relationship. Conciliation involves a neutral third party helping to solve a dispute. The conciliator raises relevant issues and actively suggests appropriate solutions. 1b) There are many advantages and disadvantages of the alternatives mentioned in part a, compared to a claim through the civil courts. Advantages of arbitration are: * Parties retain more control over arbitration than over a court case, where the control is effectively exercised by lawyers and the judge. * The proceedings are held in private. * Arbitration is usually quicker and cheaper than court proceedings. * The arbitrator is not usually a lawyer but a specialist in the field concerned, who has been trained as an arbitrator. Disadvantages of arbitration are: * There is no legal aid. * Opportunity to appeal is limited. * There may be difficulty in enforcing awards. * There may be an imbalance between parties, e.g. ...read more.

Conclusion

* Lack of accessibility; the Franks recommendation that tribunals should be 'open' requires more than just a rule that hearings should usually be held in public; it also demands that citizens should be aware of tribunals and their right to use them. Advantages of mediation are: * Lets you - not a judge or jury -develop your own solutions * May offer you a fast resolution to a dispute * May be less expensive than going to court * May mend your relationship with the other parties * Still allows you to go to court if you cannot reach a mutually-acceptable solution Disadvantages of mediation are: * May not resolve your dispute * You or the other party may not be happy with the solution * You may have to go to court anyway Advantages of conciliation are: * It is independent * It is informal and non-confrontational * It avoids the stress of the legal process Disadvantages of conciliation are: * Complainants might not get an opportunity to meet with their employer face-to-face * Settlement requires the consent of both parties Lisa Terry ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE 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 GCSE Law essays

  1. Explain the need for discipline in at least two public services. Analyse the role ...

    It is necessary to make sure people know what they are meant to be doing and how the whole team is going to deal with the situation, so that the mission is carried out as well as possible. The results of this would be that the functions would be carried

  2. Our Day Out and social deprivation.

    He does not treat them as human beings, he simply expects high standards of behaviour. He tells them to sit quietly on the bus, to line up outside the shop and to walk round the castle in organised groups.

  1. The Law Relating to Negotiable Instruments

    Similarly, any alteration in the crossing, except in the ways stated above, must be authenticated by the signature of the drawer, otherwise the same will be treated as material alteration so as to discharge the instrument itself. Thus where a check is crossed 'Account Payee' and the holder alters it

  2. Tribunals, Arbitration, Conciliation, Mediation and Negotiation are all methods of Alternative Dispute Resolution (ADR) ...

    There are several advantages of using ADRs. Settling a dispute using ADR is usually much quicker than using the court system so speed is an advantage, another advantage is expertise as in ADR a specialist from within a particular trade or industry is able to suggest a reasonable solution which

  1. It is a matter of record there is no such thing as a right ...

    In essence the impact of the HRA 1998 has been that whilst the areas of privacy have been extended under the convention, the courts are still faced with the balancing the two articles bearing in mind s.6 of the Act.

  2. Law in association with the criminalisation of certain drugs.

    The police implement a formal caution and possibly a referral to an education or treatment program.36 This level of decriminalisation provides an alternative to court proceedings and removes the stigma of a criminal record.37 Rather than being convicted, offenders are provided with information about the harms of marijuana use and the consequence of re-offending.

  1. Justices of the Peace - Magistrates Courts

    Nowadays it consist of twelve independent people with no previous knowledge of the case or the parties, deciding on the basis of evidence presented in court. Juries are sometimes used in civil courts in cases of defamation, fraud or

  2. Is Diminished Responsibility Relevant?

    Episodically, in most countries, there is an outburst about a particular case when Murder is reduced to manslaughter. Such an outcry occurred in the case of Mr A in Australia . But when one finds out the facts of the case the decision of the jury to award him Diminished

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