• 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. 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

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

    It was also held that where the individual has courted public attention, then he would have less ground to the intrusion which follows. The most recent application and development of the breach of confidence comes from the case of Campbell v Mirror Newspaper Group30.

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

    7 Bronitt, S and McSherry, B. Principles of Criminal Law, 1st ed, Pyrmont, N.S.W, LBC Information Services, 2001. 8 Manderson, D. Trends and Influences in the History of Australian Drug Legislation, Journal of Drug Issues, Summer 92, Vol 22, Issue 3.

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

    A witness in a criminal case is not just someone who sees an offence being committed. It is anyone who can give information to the court, relevant to the offence. You may be the owner of property that has been stolen or damaged.

  1. Is there a tort of invasion of privacy?

    the Court of Appeal in A v B & C21 which said that: "A duty of confidence will arise whenever the party subject to the duty is in a situation where he either knows or ought to know what the other person can reasonably expect his privacy to be protected".

  2. The Law Relating to Negotiable Instruments

    lines, with or without any words, are drawn on the left hand top corner of the check. It is relevant to state that such lines are essential for "general crossing' and may not be drawn in case of 'special crossing.'

  1. Our Day Out and social deprivation.

    Briggs when he interferes in her organisation of the trip. She is good at handling people - she gets Ronnie, the bus driver "on side" and she can diffuse arguments with Mr. Briggs with humour and reasoning. Mrs. Kay is not afraid of physical contact with the pupils: she holds

  2. Justices of the Peace - Magistrates Courts

    Magistrates are responsible for trying all summary offences and a high proportion of either-way offences: this includes virtually all motoring cases and over 90% of "really criminal" cases, totalling more than two million cases a year. In a summary trial the magistrates are the sole judges of fact and law

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