10656805
Description
Mind Map by Ffion Edwards, updated more than 1 year ago
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Created by Ffion Edwards
over 6 years ago
|
|
Alternative
Dispute
Resolutions
- Arbitration
- Commercial/Contract
cases/High profile
sport cases
- Parties agree to
an independent
arbitrator to make
a binding decision
- Scott v Avery clause in contracts
- s1 Arbitration
Act 1996, s5 Act
1996, Institute of
arbitrators
- No
publicity
- Parties
decide the
venue, date,
number of
witnesses
etc.
- Restricted appeal route
- Parties
decide the
venue, date,
number of
witnesses
etc.
- Public funding unavailable
- Commercial/Contract
cases/High profile
sport cases
- Mediation
- Family disputes/relationships
want to be preserved
- s13 Family
Law
act
1996
- Halsey vs Milton
Keynes NHS
trust
- Large cost
if case
goes to
court
- s13 Family
Law
act
1996
- Mediator is a 'go between'
- Neutral mediator
- voluntary
private
informal
- MIAMs (2011)
- Dunnet vs
Railtrack
- Maintain
relationships
- Increasingly
being
seen
as
'compulsory'
- Family disputes/relationships
want to be preserved
- Conciliation
- Commonly
used in
industrial
disputes
- ACAS
- Adopts a prevention over cure approach
- Adopts a prevention over cure approach
- Third party plays a
more ACTIVE role,
pushing others
towards a
settlement
- Advantages
- Cheap
- Private/Confidential
- Identifies/Clarifies the main issues
in the disputes
- Informal/User Friendly
- Cheap
- Disadvantages
- Relies on third party's knowledge
- Greater costs if
case goes to
court anyway
- Relies on third party's knowledge
- Commonly
used in
industrial
disputes
- Negotiation
- Used mostly at
the outset of
the dispute
- Resolves
disputes directly
with two parties
- Complex cases could involve solicitors
- Private
- Maintains
relationships
- Informal
- Informal
- Unsuccessful
negotiations can waste
time/money
- Parties could have
received more
rewards from court
- Used mostly at
the outset of
the dispute
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