Law LA1:Dispute Resolution THE CIVIL JUSTICE SYSTEM DISPUTE RESOLUTION.

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Presentation transcript:

Law LA1:Dispute Resolution THE CIVIL JUSTICE SYSTEM DISPUTE RESOLUTION

Law LA1:Dispute Resolution Objectives Identify the problems of trying to resolve disputes through traditional court hearings. Identify the increasing importance of ADR following the Woolf reforms of the civil justice system. Explain the three main alternative dispute resolution mechanisms. Critically evaluate the advantages and disadvantages of ADR. Consider the future use of ADR.

Law LA1:Dispute Resolution PROBLEMS Expensive Delays Complex Adversarial Inefficient

Law LA1:Dispute Resolution Woolf Reforms Three-track system Encourage ADR Time limits Judicial case management

Law LA1:Dispute Resolution A.D.R. ALTERNATIVE DISPUTE RESOLUTION

Law LA1:Dispute Resolution Negotiation Parties themselves Informal Cheapest quickest

Law LA1:Dispute Resolution Mediation / Conciliation Third party facilitates Cheap Quick

Law LA1:Dispute Resolution Arbitration More formal Expensive Binding (Arbitration Act 1996)

Law LA1:Dispute Resolution Trade association arbitration schemes Association of British Travel Agents (ABTA) Initial conciliation between consumers, retailers / suppliers

Law LA1:Dispute Resolution Civil justice has always been seen as too expensive and too complex with long delays. In 1999 Woolf Reforms of the civil justice system tried to address these problems.

Law LA1:Dispute Resolution ADR: Alternative Dispute Resolution The three main methods of ADR you should consider are: ARBITRATION. CONCILIATION. MEDIATION.

Law LA1:Dispute Resolution i.For which type of dispute are they most frequently used? Arbitration and conciliation are most frequently used in the business setting. Mediation is used in a variety of settings including business settings and most recently, in family mediation.

Law LA1:Dispute Resolution ii.How do they differ from one another? ARBITRATION – an independent third party makes the decision for the parties. CONCILIATION – an independent third party suggests possible solutions for the parties. MEDIATION – an independent third party mediates between the parties but leaves it to the parties themselves to come up with solutions.

Law LA1:Dispute Resolution iii.Which method is becoming increasingly popular and why? Mediation is becoming very popular. There are many reasons why, but mediation is a good forum for keeping the parties on friendly terms throughout. Family Law Act 1996 – greater emphasis on mediation [before divorce].

Law LA1:Dispute Resolution iv.ACAS stands for : the Advisory Conciliation and Arbitration Service. Under ACAS procedures a dispute will be referred to conciliation prior to arbitration, to settle the dispute without the need for arbitration. This operates before cases of unfair dismissal can be taken to employment tribunals.

Law LA1:Dispute Resolution Advantages of ADR COST ACCESSIBILITY SPEED EXPERTISE CONCILIATION OF THE PARTIES CUSTOMER SATISFACTION

Law LA1:Dispute Resolution Problems with ADR There may be a serious imbalance of power between the two parties. An arbitrator may lack legal expertise. There is no system of precedent. Enforcement may be difficult. Low take-up rate.

Law LA1:Dispute Resolution The Future of ADR It is likely that in the future ADR will play an increasingly important role in the resolution of disputes.