1. Alternative Dispute Resolution
Date: Friday, 21 September 2018
Alternative Dispute Resolution
Learning Objectives
Analysis – understand the advantages and disadvantages of ADR and Tribunals
Synthesis – advise which methods of ADR are most appropriate in different contexts
Evaluate – justify why different methods of ADR are more appropriate than others
Specification links
Outline of civil courts and appeal system
Other forms of civil dispute resolution: tribunals, arbitration, mediation, conciliation and negotiation.
Advantages and disadvantages of the civil courts and other forms of dispute resolution, including comparisons with each other.
Starter: Match up the type of ADR with the description and the example.
TIF: Give an example of a civil dispute that would be appropriate for each form of ADR 1

2. Negotiation Mediation Conciliation Arbitration Tribunals
Where there is a dispute parties meet and discuss solutions
Discussion over pay agreement
Mediation
A neutral mediator or go-between passes between the disputing parties taking their proposed solutions back and forth. They cannot offer solutions themselves
Centre for Dispute
Resolution
Advisory Conciliation and Arbitration Service (ACAS)
Conciliation
Similar to mediation but the neutral go-between can offer solutions to the dispute
A third person reviews the dispute either in writing or in a more formal court-like hearing and makes a decision based on the information provided. Their decision means the award, is binding
Advisory Conciliation and Arbitration Service (ACAS)
Arbitration
These operate alongside the court system and aim to resolve disputes between a person and the state, particularly on social and welfare issues
Tribunals
Administrative tribunals, employment tribunals, social security tribunals

3. Negotiation Mediation Conciliation Arbitration Tribunals
Similar to mediation but the neutral go-between can offer solutions to the dispute
Advisory Conciliation and Arbitration Service (ACAS)
A third person reviews the dispute either in writing or in a more formal court-like hearing and makes a decision based on the information provided. Their decision means the award, is binding
Mediation
Centre for Dispute
Resolution
Conciliation
Where there is a dispute parties meet and discuss solutions
Administrative tribunals, employment tribunals, social security tribunals
These operate alongside the court system and aim to resolve disputes between a person and the state, particularly on social and welfare issues
Arbitration
Discussion over pay agreement
A neutral mediator or go-between passes between the disputing parties taking their proposed solutions back and forth. They cannot offer solutions themselves
Advisory Conciliation and Arbitration Service (ACAS)
Tribunals

4. How is arbitration different to other methods of Alternative Dispute Resolution?

6. Key Content Key Authority Advantages Disadvantages
Type of ADR
Key Content
Key Authority
Advantages
Disadvantages
Type of case
Negotiation
Mediation
Conciliation
Arbitration
Tribunals

7. After an interview, Sarah was given feedback that the reason she did not get the job was because she was of child-bearing age and the Employer did not want to have to pay maternity pay. Which method of ADR could she try?

8. Kevin bought a new mobile phone, which broke within two weeks of purchasing it. Which method of ADR could he try?

9. Tony is having issues with his ex-wife – she keeps cancelling his visits with the children and is demanding more maintenance money from him. Which method of ADR could he try?

10. Builders Direct are having a dispute with Electricians R Us
Builders Direct are having a dispute with Electricians R Us. They have worked together for years but Builders Direct claim that Electricians R Us did not provide a satisfactory service. Which method of ADR could they try?

11. Salma was on holiday in Spain when a photographer took a photograph of her in her bikini. Some weeks later she was informed that her photo was used on an holiday brochure for Fun in the Sun holidays. She did not give her permission for the photo. Which method of ADR could she try?

12. George has been asked to leave his council house after the council received several complaints abut his anti-social behaviour. He cannot afford to rent a flat privately. Which method of ADR could he try?

13. Advise your client
Write a formal letter advising your client which method of ADR would be the most appropriate and why.
You must include:
Full description of method of ADR
Explanation of why this method would be the most appropriate for this legal dispute.
Focus on legal terminology, QWC & SPAG.
TIF: Include a comparison with another method of ADR (demonstrating knowledge and understanding of other methods & justification of answer).