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Tribunals, Arbitration, Conciliation, Mediation and Negotiation are all methods of Alternative Dispute Resolution (ADR) which are used instead of taking cases to court. a) Briefly explain how any three of these attempt to resolve disputes (10 Marks), b) D

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Introduction

Tribunals, Arbitration, Conciliation, Mediation and Negotiation are all methods of Alternative Dispute Resolution (ADR) which are used instead of taking cases to court. a) Briefly explain how any three of these attempt to resolve disputes (10 Marks) b) Discuss the advantages and disadvantages of ADR as an alternative to the courts (20 Marks) Alternative dispute resolution (ADR) is the name given to the process where parties in a dispute come to a compromise of settle their dispute without going to court. There are dive main forms of ADR - tribunals, arbitration, conciliation, mediation and negotiation. Negotiation is the simplest form of ADR. Negotiation attempts to resolve disputes by the two parties, in dispute, negotiating a solution between themselves. If the parties cannot settle the dispute themselves they may instruct solicitors who will negotiate on their behalf. Even if negotiation seems to fail at the early stages of a dispute solicitors usually continue to negotiate on their clients behalf even when court proceedings commence, this results in many cases being settled out of court. ...read more.

Middle

Arbitration is covered by the Arbitration Act 1996. The agreement to go to arbitration can be made by the parties at any time, it can be written into a business contract or the parties may just agree on arbitration when the dispute arises. The arbitrator, which the parties appoint, is normally someone who is an expert in their particular area of business. The parties can also agree on the number of arbitrators, who will hear their dispute; it could be two or three people or just one person. The parties also decide on the actual procedure to be followed in their arbitration hearing. They can choose between a paper arbitration, where the parties submit everything to the arbitrator in writing who will then read everything and make a decision, or a hearing arbitration, which is where the parties appear and give evidence and may call witnesses. ...read more.

Conclusion

There are also some disadvantages to using ADRs. These are that there is unequal bargaining power, as in certain situations one side is able to dominate the other, for example divorce cases, which makes the courts a better option for the weaker party; and lack of legal expertise, as where a dispute involves difficult legal points a mediator or arbitrator is unlikely to have the same legal expertise and knowledge as a judge does. Further disadvantages are that there is no system of precedent, which makes it difficult to predict the outcome of a dispute decided through ADR; another disadvantage is enforceability as most forms of ADR are not legally binding it is difficult to enforce any award and lastly, court action may still be required if ADRs fail to resolve a dispute. This would add to the costs and delay compared to taking a dispute direct to the courts in the first instance. ?? ?? ?? ?? Nicola Jackson ...read more.

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