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Legal System - ADR
Alternative Dispute Resolution
| Question | Answer |
|---|---|
| What are the Types of ADR? | (Negotiation), Mediation, Conciliation, Arbitration, (Employment) Tribunals |
| What's the point of ADR? | Settle a dispute outside of court |
| Mediation | Neutral 3rd party that doesn't offer a solution. Parties may be kept apart |
| What is the result of Mediation? | Legally Binding Contract formed |
| Advantages of negotiation | quick, cheap (likely between parties themselves), private (no bad publicity) |
| Disadvantages of negotiation | may want it publicised, and parties may introduce lawyers/negotiators (unlikely) |
| Conciliation | neutral 3rd party suggests grounds for compromise. Parties are kept apart, so 3rd party runs between them |
| Who provides mediation,conciliation,arbitration services? | ACAS (Advisory, Conciliation, and Arbitration Service) |
| What is the result of Conciliation? | Non-Binding opinion offered which may lead to a contract being formed |
| What is the statute for arbitration? | Arbitration Act 1996 (1(a)) Fair resolution reached by impartial tribunal (15) 1 Arbitrator unless no. Arbitrators agreed upon (68) you can challenge result to court if point of law or irregularity arises |
| Arbitration | An Expert in field reads argument or hears the dispute with witnessesand and makes decision |
| What is the result of Arbitration? | Judgement is made binding on both parties if agreement to arbitrate was in writign (Scott v Avery clause) |
| What is the purpose of the Scott v Avery Arbitration clause? | Prevents wasting court time and money |
| What is the Scott v Avery clause? | A clause in commercial contracts which binds the parties to arbitration if a dispute arises (cant go court @ first instance) |
| Who may arbitrate? | Chartered Insititute of Arbitrators, Experts (RIBA), ACAS |
| What are tribunals? | A form of Dispute resolution similar to the court system but is less formal. Legal representation is discouraged |
| What disputes do employment tribunals deal with? | disputes between employers and employees regarding claims for unfair dismissal or discrimination (9 protected characteristics) |
| What statute states the nine protected characteristics? | Equality Act 2010 |
| What are the nine protected characteristics? | Disability, Sex, Race, Religion, Sexual Orientation, Ageism, Gender Reassignment, Pregnancy, Marraige/Civil Partnership |
| What happens at an employment tribunal? | hearing chaired by a professional, judge, and two lay members representing the employer/employee |
| Do all claims for unfair dismissal/discrimination go to employment tribunals @ first instance? | all cases are initially referred to ACAS to attempt consiliation |
| Advantages of Employment Tribunals | Cheap (LR discouraged), accessible, less formal than courts, don't follow precedent (flexible), you can appeal |
| Where do appeals from employment tribunals go? | Employment Appeal Tribunal or even Court of Appeal (Civil matters) |
| Disadvantages of Employment Tribunals | parties may introduce legal representation (imbalance), Can seem formal and intimidating compared to other ADR |
Created by:
Oscar.G
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