Alternative
Dispute
Resolution
(ADR)
Presentation
What is ADR ?
• Introduction
Alternative dispute resolution (ADR)
schemes are processes that enable you to
resolve a dispute you’re having with a
company without having to go to court.
TYPES OF
ADR
COMMON
TYPES OF
ADR
Negotiation
Mediation
Arbitration
Conciliation
Negotiation
Negotiation is a method by which people
settle differences. It is a process by which
Negotiation
compromise or agreement is reached
while avoiding argument and dispute.In
any disagreement, individuals
understandably aim to achieve the best
possible outcome for their position (or
perhaps an organisation they represent).
Advantages And
Disadvantages
Advantages:
Negotiation has many advantages. It allows people to find
mutually benefical solution, build strong relationship, and promote
understanding. It’s a great way to reach agreement and resolve
conflict.
Disadvantages:
Well, negotiation also has some potential disadvantages.
Sometimes it can be time consuming, and reaching a consensus
may not always be possible. Additionally, there is a risk of unequal
power dynamics or one party feeling pressured.
Mediation
Mediation is a flexible and
confidential process used to
settle a dispute between two or
more people, businesses or
other organisations . A
mediator is not there to make
a decision but will help both
sides reach an agreement.
Advantages:
The major advantage of mediation is that it allow parties to have control
over the outcome of their disputes. It provides a collaboration
environment where they can actively participate in finding a solution
that works for everyone involved. Mediation also tends to be less formal
and more flexible than other dispute resolution methods, making it
amore comfortable and less intimidating process.
Disadvantages:
The potential disadvantage is that mediation relies on the willingness of
all the parties to actively participate and engage in the process. If any
party is not fully committed or unwilling to corporate, it can hinder the
effectiveness of mediation. It’s important to consider these factors when
deciding whether mediation is the right approach for a particular
situation.
Advantages And
Disadvantages
Arbitration
Arbitration is a form of final
and binding dispute
resolution presided over by an
appointed arbitral tribunal (one
or three arbitrators, typically)
acting in a quasi-judicial
manner. Arbitration is, generally
speaking, founded on party
agreement (the arbitration
agreement), and regulated and
enforced by national law and
national courts.
Advantages And Disadvantages
Advantages:
Advantage is that it offers a more formal and structured process
compared to mediation. It provides a neutral third party, called an
arbitrator, who makes a binding decision based on the evidence and
arguments presented by both parties. This can provide a faster resolution
compared to going to court. Arbitration also offers privacy and
confidentiality, as the proceedings are not typically open to the public.
Disadvantages:
The potential disadvantage of arbitration is that the decision made by the
arbitrator is usually final and binding. Unlike in court, there are limited
grounds for appeal. So, if a party disagrees with the arbitrator's decision,
they may have limited options for recourse. It's important to carefully
consider this aspect when deciding whether arbitration is the right
approach for a particular dispute.
Conciliation
Conciliation is usually free to use
because its less formal then
arbitation.It involves a conciliator
who focuses on what you and the
other side want and tries to find a
way of solving the issue . The aim
is to reach an agreed solution that
suits you both.
Advantages:
Advantage of conciliation is that it gives the parties involved more
control over the outcome. Instead of a third party making the final
decision, the parties work together to find a solution that works for
everyone. This can lead to more personalized and mutually
beneficial resolutions.
Disadvantages:
The potential disadvantage of conciliation is that it relies heavily on
the willingness of the parties to cooperate and reach a resolution. If
one or both parties are not fully committed to the process or are
unwilling to compromise, it can hinder the effectiveness of
conciliation. It's important to have a genuine desire for resolution
and open communication for conciliation to be successful.
Advantages And
Disadvantages
In May 2014, a "early conciliation" scheme known as s.18A was
added to the Employment Tribunals Act 1996 by the Enterprise &
Regulatory Reform Act of 2013.
Civil Procedure Rules (CPR): Part I of the CPR states that the primary
goal of handling matters justly is to encourage parties to pursue
alternative dispute resolution (ADR) when it is suitable. Before turning
to more formal techniques like mediation or arbitration, ADR
proceedings frequently begin with negotiation.
Consumer Rights Act of 2015: Part I of the Consumer Rights Act of
2015 contains provisions on alternative dispute resolution (ADR) in
consumer disputes, with a focus on mediation and negotiation as the
preferred means of settling conflicts between customers and sellers.
Courts may adjourn proceedings under Section 71 of the Act to
permit parties to participate in ADR.
Reference :
THANKS
Name: Muhammad Ahmed Jamil
Student ID: 14562585
Module Code: 403LEGSC
