ADR- Exam style essay

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ADR stands for ‘Alternative Dispute Resolution’, this means that you have different options for settling a case before having to go to court. This was highly encouraged by Lord Woolf, as using courts can have many disadvantages, an example being costs. There are four main types of ADR including: Conciliation, Mediation, Arbitration and Negotiation.

Conciliation is a voluntary, flexible and confidential based process. The parties seek to reach a dispute resolution with the assistance of the conciliator, who acts as a neutral third party. Conciliation is more proactive than other types of ADR such as Mediation, this means that they are more involved and suggest solutions to the parties. A provider of conciliation is ACAS who provide information advice, training and other services for employers and employees to help prevent or resolve workplace problems.

Mediation is similar to conciliation, However a Mediator (third party member) helps to resolve the issue by finding common ground between the two parties. Mediators avoid taking sides, making judgements or giving guidance. They are simply responsible for making effective communications between the parties. A provider of mediation is NFM, who mainly focus on family disputes such as divorces and child placement agreement. They also still allow the use of legal aid for low income parties, meaning that they can still find a resolution.

Arbitration is where a third party member (called and Arbitrator) helps to reach a settlement. This method is known to be more court like as the arbitrator makes a decision from evidence given by the parties, which guarantees a result. Once a decision is made it is called a ‘binding award’, this means it must be followed in future cases. The Arbitration Act 1996 is an Act of Parliament which regulates arbitration proceedings. A provider of arbitration is CIArb (Chartered Institute of Arbitrators).

Negotiation is a meaningful discussion aimed at reaching an agreement. It is a general rule that no evidence can be given to add, diminish, contradict or alter a written instrument. However there is no need for a third party member as the parties are able to do this by themselves, although they can use solicitors to help them if needed.