LA1 - ADR

There are 4 ways to do ADR:

• Negotiation
• Mediation
• Conciliation
• Arbitration

Negotiation:

• It's the 2 parties themselves only negotiating a solution
• It's quick, cheap, completely private
• No binding solution

Mediation:

• Like negotiation, but there is a neutral 3rd party who only acts as a 'facilitator'
• More of a chance of an agreement and cheaper than court
• But no binding agreement

Conciliation:

• Exactly the same as mediation but the 3rd party has a more active role, giving opinions. In industrial disputes, ACAS allows the 3rd party to have a more of a legal position
• Adv. and Disadv. same as mediation

Arbitration:

• Arbitration is where the arbitrator resolves the dispute with a binding agreement. This is governed under S1 of the Arbitration Act 1996
• Arbitration is usually agreed in the Scott v Avery clause in industrial clauses
• The no' of arbitrators used is up to the parties agreement between 2-3, yet if an agreement is not available then under S15 of the Arbitration Act 1996, only 1 arbitrator is provided
• The desicion is final and binding
• But the cost implement can be expensive and it can be a lengthy process

CASES - Dunnet v Railtrack plc 2003 and Halsey v Milton Keynes NHS 2004.