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ADR (Tribunals: Different from ordinary courts - less formal - expected to…
ADR
Tribunals: Different from ordinary courts - less formal - expected to conduct themselves according to natural justice - parties can't go to court to resolve
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Administrative: Dispute between individuals and state, (70 types)
Advantage: speed, cost, informality, flexibility
Disadvantages; lack of openness, unavailability of state funding
Arbitration; the Third party makes decisions - legally binding - Arbitration Act 1996, written only -
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Disadvantages: no legal aid, may not be in the arbitrator's expertise, if professional one is used may be expensive,
Advantages; Choose own arbitrator, Done privately, no publicity cheaper, solve problem quickly
Other types of ADR
Court of Appeal mediation scheme; Standard letter sent to all parties inviting them to mediation - if rejected, reasons must be given - if agrees - C/A arrangers and FOC:
Commercial Court ADR scheme: Issues ADR orders for cases suitable - each party to inform court by letter what steps are taken and why failed
Small Claims mediation scheme: Ministry of Justice (2005) - mediators x lawyers but trained by ministry
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Negotiation: Quickest and cheapest method to settling a dispute, can be done in private :
Conciliation: More active role played by the third party - suggest grounds for compromise - possible basis for settlement :