Essay
Unit 1 BTEC Applied Law P4 (Alternative Dispute Resolution)
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Essay of 3 pages for the course Unit 1 at East Surrey College
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Law – P4Alternative Dispute Resolution
ADR is a way to resolve cases without taking them to court, there are
several methods used by ADR, these are – Mediation, arbitration,
conciliation, adjudication and ombudsman schemes.
Negotiation
Anyone who has a dispute with another person can always try to resolve it
by negotiating with them. This has the advantage of being completely
private and is also the fastest and cheapest method of settling a dispute.
If the parties cannot come to an agreement they may decide to seek the
help of solicitors who will negotiate for them. Even when court
proceedings have been commenced the lawyers of both parties will often
continue to negotiate, this is reflected in the high number of cases that
are settled in court. Once lawyers are involved there will be a cost
element, the longer court proceedings or negotiations go on the higher
the cost will be. One of the bad aspects of negotiations is that they can
sometimes go on for years; only being finally settled on the day that the
case is due to appear in court. It is this situation that other ADR methods
and the Woolf reforms aim to avoid.
Arbitration
Arbitration is a step away from formal litigation but is much cheaper and
less complicated than taking the case to court. The ultimate decision is
made by a third party (the sometimes pre-appointed arbitrator) and the
decision is binding to both parties. Arbitration usually concerns contracts,
e.g if one party does not honour their contract they can be taken to either
court or ADR Arbitration where they will be ordered to complete or adhere
to the contract, failure to do so could result in a court case and
compensation. Arbitration has been around for hundreds or years and is
commonly used in public international law, international trade and
sometimes domestic law.
Mediation
Mediation procedures vary but typically there is an initial meeting where
both parties put forward their position, followed by individual private
meetings between the mediator and the parties, this is generally followed
by a secondary plenary meeting in which the mediator helps the parties
negotiate face to face. The entire process is confidential but lawyers may
sometimes be present, there are rarely any outside witnesses giving
evidence. Nobody is allowed to disclose anything that is said in the
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