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Alternative Dispute Resolution (ADR) involves resolving civil disputes through means other than the formal court system. The Woolf Report recommended ADR to reduce court caseloads, provide a cheaper and less adversarial form of justice. ADR methods like mediation and arbitration can resolve disputes more quickly and at lower cost than going to court, though outcomes may not be legally binding or rely on legal expertise. Common ADR approaches include mediation, conciliation, arbitration, negotiation, ombudsmen, and tribunals.
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Law-Exchange.co.uk Powerpoint
- 2. What is Alternative Dispute Resolution ? This involves finding other ways to resolve civil disputes. The use of ADR was a key recommendation of the Woolf Report to reduce the number of cases, provide a cheaper and less adversarial form of justice, as well as a less formal and complicated system. Judges can recommend ADR to avoid court cases.
- 3. Advantages of ADR Speed: ADR is much quicker than going through the courts. Certain types of ADR supply very quick solutions. Less cases means that the legal system can operate more quickly with less delays. Cost to the parties: ADR proceedings are much less formal and expensive ADR may not require the cost of using the court barrister or solicitors. Expertise: In ADR experts are frequently used where judges are unlikely to have specialist knowledge.
- 4. Disadvantages of ADR Lack of Legal Expertise: Sometimes ADR does not have the legal expertise that the courts have. No system of precedent means that it difficult to predict the outcome of cases. Unenforceable: Some forms of ADR means that the outcome is not enforceable. If ADR does not work then court action is required with the extra cost that entails.
- 5. Types of ADR (CAMNOT) Conciliation Arbitration Mediation Negotiation Ombudsman Tribunals
- 6. Advantages Of ADR (continued) Privacy: The parties under ADR can avoid publicity because all courts are open to the public and media. Parties remain on good terms: The less adversarial nature of ADR often tries to bring the parties together where the courts are likely to fracture the relationship. Cost to the state: Every case that uses ADR saves the government money that can be spent on other areas of the court system
- 7. Mediation This is where a mediator is brought in to help the parties to reach a compromise without imposing a solution on them. The mediator will talk to both sides and act as a neutral go-between. This is used in a number of civil disputes where the relationship between the parties has broken down. Companies often use this method to resolve commercial disputes. It is also used in marital disputes with Relate.
- 8. Conciliation This half way between arbitration and mediation. The conciliator offers advice to the parties and plays a more active roll than the mediator.The mediator will advise the parties.
- 9. Arbitration This is a private process by which an independent person called an arbitrator resolves the dispute by making a decision that binds the parties. Arbitrators are often specialist in their field. Generally both sides have to accept an arbitrator. Arbitrations may have a longer waiting list than legal trials. They are quite common in industrial disputes through ACAS. The Chartered Institute of Arbitrators or CIA arbitrates consumer disputes.
- 10. Negotiation This is the cheapest form of ADR. It is where the parties or their legal representatives discuss their differences and use compromise to reach a solution. This can happen when the relationship between the parties has not broken down. Decisions can be reached very quickly
- 11. Ombudsman This a person with special powers to investigate cases in certain areas such as health, pensions where there may be a dispute particularly if a government body is involved. An ombudsman can only recommend how a dispute maybe resolved. His or her recommendations cannot be enforced
- 12. Tribunals This similar to a court without the ritual or formality. They are involved in a number of specialist tribunal which bear their name: Employment Tribunals, Immigration Tribunals, Social Security Tribunals etc. Three people sit on a tribunal, two with the specialist knowledge on the area involved and a qualified chairman of tribunals.
- 13. Advantage of Tribunals Quicker than the courts with shorter waiting lists Cheaper and more accessible than the courts. More expertise in specialist fields such as employment where specialists sit on cases. Privacy because cases are often heard in private unlike a court case. Reduces overloading of cases. Less adversarial than the courts when tribunals use a more inquisitorial approach. Tribunal cases are less formal and simpler.
- 14. Disadvantages Lack of openness because hearings are heard in private where court cases are heard in public Little independence in Administrative tribunals. There is no legal aid in tribunals Less accessible to the public because more and more cases use solicitors and barristers
- 15. Control of tribunals They are controlled by the high court through an application for judicial review which will judge if the tribunal has operated ultra vires or beyond their powers. Most tribunals can appeal through the court system. In the case of employment tribunals appeals are heard through an EAT or Employmant Appeals Tribunals