1. ALTERNATIVE METHODS OF DISPUTE RESOLUTION (ADR)
CIVIL LAW
Stage 1

2. PROBLEMS USING THE COURTS IN CIVIL CASES
Using the courts to resolve disputes can be costly in terms of both time and money
It can be traumatic for the individuals involved
It may not lead to the most satisfactory outcome
The dispute may come into the public domain through the press
Consequently many businesses and people are turning to alternative methods to resolve disputes

3. TYPES OF ADR Negotiation Tribunals Mediation ADR Conciliation
Arbitration
Ombudsman

4. NEGOTIATION
Anyone who has a dispute with another person can negotiate a settlement privately
If disputing parties cannot reach an agreement they can ask their solicitors to negotiate a settlement on their behalf (this is more costly
Often a dispute can drag on for years only to be resolved ‘at the door of the court’

5. MEDIATION
A neutral mediator helps the two parties to reach a compromise
The mediator consults with each party to determine if they are willing to reach a compromise. The mediator will only agree to help if there is a chance a solution can be reached.
The mediator will carry possible solutions to the dispute until the problem is resolved
The mediator acts as a ‘facilitator’ to reach agreement and will not normally offer their own opinion or suggest a solution
Under mediation it is the parties who are in control: they make the decisions
An example of mediation services includes: the Centre for Dispute Resolution and

6. CONCILIATION
Conciliation is similar to mediation but instead the ‘conciliator’ plays a more active role offering solutions to the dispute
The Advisory Conciliation and Arbitration Service (ACAS) can provide conciliation services

7. ARBITRATION
Arbitration in terms of ADR is a also known as Private Arbitration
The rules and procedures for taking a claim to arbitration are covered by the Arbitration Act 1996
ACAS can provide independent arbitration services

8. Arbitration hearing There are many forms of arbitration hearing e.g.
The decision made by the arbitrator is called an ‘award’ and it is binding on all parties
A more formal hearing where disputing parties have to put their case
‘Paper’ arbitration hearing

9. Ombudsman
The Ombudsman offers protection against bad government administration to citizens
The ombudsman is not able to investigate personal matters or initiate an investigation.
There are several types of ombudsman e.g. The Legal Service Ombudsman

10. TRIBUNALS
Tribunals are similar to the courts but they act outside of the court system
Most tribunals were established after the development of the welfare state post 1945
Tribunals were set up to give people a method of enforcing their entitlement to certain social rights
They therefore deal with disputes between the citizen and the state
People have many different social and welfare rights that are not always honoured e.g. the right to redundancy pay, the right to a disability allowance etc

11. TYPES OF TRIBUNAL Employment tribunals Rent tribunals Social security
Mental Health
Review
Tribunal
Immigration tribunals
Administrative tribunals

12. Composition of tribunals
Since the different tribunals have been set up at different times, they do not operate in the same way
However, the majority of tribunals sit with a panel of three: a legally qualified chairman and two lay members with particular experience in the work of that tribunal
Tribunals are designed to encourage individuals to bring their own case and not use lawyers

13. Employment Tribunals These were originally called industrial tribunals
They were set up under the Industrial Training Act 1964
The role of employment tribunals is to cover all aspects of work-related disputes e.g. unfair dismissal

14. Control of Tribunals
The Tribunals and Inquiries Act 1958 set up the Council on Tribunals
Control by the Courts – this can occur either through an appeal route or the QBD can hear applications for judicial review against tribunal decisions