Alternative Dispute Resolution Essay

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Alternative Dispute Resolution

There are various ways of settling disputes without using the civil courts, these are knows as Alternative Dispute Resolution, or ADR which are used mainly in construction, family, commercial and employment issues. There are 3 main types of ADR: conciliation, mediation and arbitration, this essay will explore how they work and what is involved in each process.

Mediation

A mediator, a neutral third person is appointed to help both parties reach an agreement, which they will both find acceptable, already we can see an advantage over court hearings because in court hearing only one person can win fully, whereas in mediation both parties gain, or lose less
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A claim form is filled at an employment tribunal and a copy goes to ACAS. ACAS will then contact parties and attempt to resolve the dispute without direct contact, in a hearing etc. This suggests that employees are under direct pressure to settle however which is not a good thing.

Arbitration

Arbitration is the voluntary submission by the parties of their dispute to some other person who isn't a judge. In arbitration there are two different courses, in the first instance the courts will use an informal procedure to hear cases, such as commercial cases in the Queens Bench Division of the county court. In the second instance the parties give their claims and go to private arbitration, relative to ADR, this is now governed by the Arbitration act 1996. The agreement is usually written and because the Arbitration act applies only to this. The exact carrying out of arbitration is often left to the parties.

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