Alternative Dispute Resolution Date: Monday, 10 December 2018 Alternative Dispute Resolution Lesson Outcomes: State reasons why there is a need for other forms of dispute resolution Describe the people involved in each of the other forms of dispute resolution Outline the procedures in each of the other forms of dispute resolution Specification links: Other forms of civil dispute resolution: tribunals, arbitration, mediation, conciliation and negotiation.. Starter: Why do we need alternative methods to using the court system? 1

Negotiation Mediation Conciliation Arbitration

Date: Monday, 10 December 2018 Tribunals Lesson Outcomes: State reasons why there is a need for other forms of dispute resolution Describe the people involved in each of the other forms of dispute resolution Outline the procedures in each of the other forms of dispute resolution Specification links: Other forms of civil dispute resolution: tribunals, arbitration, mediation, conciliation and negotiation.. Starter: Without looking at your notes, summarise the 4 main methods of ADR. 3

A mini court in which cases are heard by a judge A mini court in which cases are heard by a judge. It has its own system of Appeals and decisions are legally binding. If this system is used, applicants cannot go to court. This is the cheapest method of ADR and does not require any third parties. The parties simply try to reach a decision on their own but it is not legally binding and often the parties will still end up in court. A third party helps to resolve the dispute by suggesting grounds for a compromise but the decision is not binding so may end up in court. This method is mostly used by companies and there is often a clause in the contract saying that any disputes will be resolved by this method. A third party will be chosen by the applicants who will make the final decision. The parties can choose whether it is a formal or informal hearing. The decision is called an Award and can be enforced in court. However, there are limited rights of appeal. A third party will facilitate the negotiation but will usually not give their own opinion. The parties make the decision and in more formalised versions an “Executive” from each party will make the decision. Often the decisions are not based on Law but are just “common sense” for the parties involved. The decisions are not legally binding so may end up in court. Pair

You be the teacher! Each learning 3 will have 2 minutes to teach the class about Tribunals. You must have: A visual presentation An oral presentation An example of an exam question and how it could be answered

Review – Quick test Which is the cheapest and easiest method of ADR? Which Act governs private arbitration? What is the name of the clause in a contract in which parties agree to use arbitration? How many arbitrators will be used if the parties cannot agree? Is an arbitrator an expert or a lay person? What is the decision of an arbitrator called and is it legally binding? Name a disadvantage of using a conciliator. Where would an appeal from the First tier Tribunal go? Who makes the decision in a Tribunal and is it legally binding? Which body regulates and reviews Tribunals? Name an advantage and disadvantage of each method of ADR.

Starter: Can you remember the three words that examiners use to mark your work?

A) How many points of key content does each question have A) How many points of key content does each question have? B) With your partner, bullet point what you might include in each question. 8 (a) Tilly has suffered injuries in an accident and wants to claim compensation. Her claim may be settled in court or through the process of negotiation. Outline the courts (including any appeal courts) in which her case could be heard and briefly explain what is meant by negotiation. (10 marks) (b) Describe either arbitration or tribunals as a means of civil dispute resolution. (10 marks) (c) Discuss the advantages and disadvantages either of arbitration or of tribunals as a form of civil dispute resolution (10 marks).

Individual – Practice Exam! 8 (a) Tilly has suffered injuries in an accident and wants to claim compensation. Her claim may be settled in court or through the process of negotiation. Outline the courts (including any appeal courts) in which her case could be heard and briefly explain what is meant by negotiation. (10 marks) (b) Describe either arbitration or tribunals as a means of civil dispute resolution. (10 marks) (c) Discuss the advantages and disadvantages either of arbitration or of tribunals as a form of civil dispute resolution (10 marks).