ALTERNATIVE METHODS OF DISPUTE

RESOLUTION (ADR)

CIVIL LAW
Stage 1
 PROBLEMS USING THE COURTS IN
CIVIL CASES

Using the courts to resolve disputes can be costly in

terms of both time and money
It can be traumatic for the individuals involved
It may not lead to the most satisfactory outcome
The dispute may come into the public domain
through the press
Consequently many businesses and people are
turning to alternative methods to resolve disputes
 TYPES OF ADR

Negotiation
Tribunals Mediation

ADR

Arbitration Conciliation

Ombudsman
 NEGOTIATION
Anyone who has a dispute
with another person can
negotiate a settlement
privately

If disputing parties cannot

reach an agreement they
can ask their solicitors to
negotiate a settlement on
their behalf (this is more
costly

Often a dispute can drag

on for years only to be
resolved at the door of the
court
 MEDIATION
A neutral mediator helps the two parties to reach a
compromise
The mediator consults with each party to determine if they
are willing to reach a compromise. The mediator will only
agree to help if there is a chance a solution can be
reached.
The mediator will carry possible solutions to the dispute until
the problem is resolved
The mediator acts as a facilitator to reach agreement and
will not normally offer their own opinion or suggest a solution
Under mediation it is the parties who are in control: they
make the decisions
An example of mediation services includes: the Centre for
Dispute Resolution and www.theclaimroom.com
 CONCILIATION
Conciliation is similar to
mediation but instead the
conciliator plays a more
active role offering solutions
to the dispute

The Advisory Conciliation

and Arbitration Service
(ACAS) can provide
conciliation services
 ARBITRATION
Arbitration in terms of ADR is a also known
as Private Arbitration

The rules and procedures for taking a

claim to arbitration are covered by the
Arbitration Act 1996

ACAS can provide independent

arbitration services
 Arbitration hearing
There are many forms of
arbitration hearing e.g.

Paper arbitration A more formal hearing

hearing where disputing parties
have to put their case

The decision made by the

arbitrator is called an
award and it is binding on
all parties
 Ombudsman
The Ombudsman offers
protection against bad
government administration
to citizens
The ombudsman is not able
to investigate personal
matters or initiate an
investigation.
There are several types of
ombudsman e.g. The Legal
Service Ombudsman
 TRIBUNALS
Tribunals are similar to the courts but
they act outside of the court system

Most tribunals were established

after the development of the
welfare state post 1945

Tribunals were set up to give people

a method of enforcing their
entitlement to certain social rights

They therefore deal with disputes

between the citizen and the state
 TYPES OF TRIBUNAL
Employment
tribunals
Rent tribunals
Social security
tribunals

TYPES
Mental Health
Review Immigration tribunals
Tribunal

Administrative tribunals
 Composition of tribunals
Since the different tribunals have been set
up at different times, they do not operate in
the same way
However, the majority of tribunals sit with a
panel of three: a legally qualified chairman
and two lay members with particular
experience in the work of that tribunal
Tribunals are designed to encourage
individuals to bring their own case and not
use lawyers
 Employment Tribunals
These were originally called industrial
tribunals
They were set up under the Industrial
Training Act 1964
The role of employment tribunals is to
cover all aspects of work-related
disputes e.g. unfair dismissal
 Control of Tribunals
The Tribunals and Inquiries Act 1958 set
up the Council on Tribunals
Control by the Courts this can occur
either through an appeal route or the
QBD can hear applications for judicial
review against tribunal decisions