Civil Process ADR (Alternative Dispute Resolution)

Overview

• This video is the second tutorial on ADR.
• Focus on advantages and disadvantages of different ADR methods.
• Methods discussed: Negotiation, Mediation, Conciliation, and Arbitration.

Negotiation

• Definition: Simplest form of ADR involving direct resolution between parties.
• Advantages:
  • Privacy: Discussions remain confidential between parties.
  • Quick Resolution: Potentially faster than court.
  • Relationship Maintenance: Helps maintain business/personal relationships.
  • Informal: Can be conducted casually (e.g., meeting in a cafe).
• Disadvantages:
  • Costly if solicitors are involved.
  • Time and money wasted if settlement is delayed until court date.
  • Perceived as a compromise, potentially yielding less than court.
  • May not provide emotional closure for angry parties.

Mediation

• Definition: Involves a neutral third party to assist in resolution.
• Advantages:
  • Private and Confidential.
  • Voluntary process encourages cooperation.
  • Cost-effective and accessible.
  • Good for relationship maintenance.
  • High success rate (80% settlement rate).
• Disadvantages:
  • Mediator's role is facilitative, not directive.
  • Requires willingness to compromise from both parties.
  • Not legally binding.
  • Potential for unequal settlements.
  • Seen as increasingly compulsory in some instances (e.g., divorces).

Conciliation

• Definition: Similar to mediation but with a more active role by the conciliator.
• Advantages:
  • Cheaper than court.
  • Private and Confidential.
  • Active role by conciliator providing solutions.
  • Forward-looking, can prevent future disputes (e.g., ACAS in employment disputes).
• Disadvantages:
  • Depends on conciliator's skill.
  • Requires willingness to compromise.
  • Not legally binding, may end up in court.

Arbitration

• Definition: Formal ADR where parties submit to a third party's decision.
• Advantages:
  • Binding decision enforceable by courts.
  • Parties choose arbitrator and procedures.
  • Little/no publicity compared to court.
  • Expertise from arbitrators in relevant fields.
• Disadvantages:
  • Possible unequal representation between parties.
  • No legal aid, potentially expensive.
  • Limited appeals.
  • May lack emotional closure of a court case.