AS Law Unit 1 AQA ADR
A mindmap to show all types of ADR and the pros and cons to using stated for each different method of Alternative Dispute Resolution - Unit 1 - AS Level Law - AQA
- Created by: Samuel Galeckyj
- Created on: 05-04-13 14:19
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- ADR (Alternative Dispute Resolution)
- Negotiation
- Pros
- Most simple
- Quick
- Cheap
- Parties can reach a compromise so each party feels they have gained
- Parties can resume their relationship
- Cons
- Not legally binding
- Not likely to be successful unless parties are willing to compromise
- Relies on parties abiding by the negotiation settlement
- What is it?
- Most simple form of ADR
- Informal negotiation - a discussion conducted by disputing parties
- Communicated by face to face discussion, letter, telephone or Email
- Lawyers can be used
- Not legally binding
- Parties reach a compromise
- Examples
- Domestic disputes (Neighbour disagreements)
- Commercial disputes (between two businesses)
- Pros
- Mediation
- Cons
- Not legally binding
- Not likely to be a success unless parties are willing to compromise
- Sometimes one party is stronger
- Pros
- Specialist
- Covers a wide range of disputes
- Shuttle mediation - reduces tension/conflict
- Cheap
- Quick - compared to courts
- Non confrontational
- Private
- Examples
- Rickie Woodall
- Dispute between a sportsman and his promoters
- West Kent Mediation Service
- www.theclaimroom.com
- Rickie Woodall
- What is it?
- A mediator is an independent third party
- Encourages parties to reach a compromise and settle dispute themselves
- A mediator uses his/hers skills to keep things calm between parties and to help them find common ground to help resolve a dispute
- Provided by a business as a service
- Not legally binding
- Meet face to face or use Shuttle Mediation
- Shuttle mediation is when parties do not have to meet face to face
- A mediator is an independent third party
- Cons
- Arbitrators
- Cons
- Not available for all types of disputes
- Arbitration clauses - limitations
- Low usage
- Costly
- May lack legal expertise
- Pros
- Expertise
- Simple
- No lawyer fees
- Quicker than a court trial
- Carried out in private
- An appeal process
- Legally binding decision
- Examples
- Chartered institute of Arbitrators
- British Telecom
- ABTA
- Holidays
- Chartered institute of Arbitrators
- What is it?
- Governed by the Arbitration Act 1996
- S33 - Arbitrator must act fairly and impartially
- S34 - Arbitrator determines the procedure
- Independent third party - either one or a panel of 2/3
- Legally binding decision
- Arbitration Clause - included in business contracts stating disputes must be settled through Arbitration
- An expert in relevant subject matter
- Sometimes carried out through an Arbitration meeting
- Parties can be represented by lawyers
- Sometimes informal
- High courts refers some specialised cases of Arbitration
- S61 - allows Arbitrators to to order be paid by the losing party
- Appeal - carried out through the Chartered institute of Arbitrators
- Cons
- Conciliation
- Examples
- Sex discrimination in the workplace
- Pros
- Specialist
- Opinions and possible solutions given
- Cheap
- Quick
- Parties do not need to meet face to face
- Private
- What is it?
- A type of commercial Mediation
- Conciliator tends to meet parties separately
- Conciliator will ask questions and identify issues
- Encourages parties to reach a compromise themselves, but will give an opinion and suggest a possible solution
- Tends to be used in employment disputes
- Advisory, Conciliation and Arbitration service (ACAS)
- Provides a service for industrial use to prevent the issue being taken to a tribunal
- Voluntary role
- Not legally binding
- Cons
- Not legally binding
- Not likely to be successful unless parties are willing to compromise
- Sometimes one party is stronger
- Examples
- Tribunals
- Cons
- No recovery costs
- Process can become complex
- Not open to scrutiny
- Pros
- Appeals
- Flexability
- Assistance built within the system
- Local knowledge
- Reduces workload of court
- Specialist
- Quick
- What is it?
- Similar function to a court
- Tribunals, Courts and Enforcement Act 2007
- Each tribunal is now called a chamber
- Each chamber has its own precedent
- The Act now provides a two tier system to allow appeals
- A judge and 2 experts in the subject matter create the panel
- Tribunals specialise in one area
- Approximately 70 types
- Most carried out in private
- Often represented by lawyers
- Legally binding decision
- Examples
- Cons
- Negotiation
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