This is the topic that made me fail this unit; I wasn’t in the lesson that we learnt about ADR in, and didn’t find the energy to get the notes off anyone (I didn’t really know anyone in law last year). The extent of my knowledge for ADR is this booklet of slides from the lesson, which were supposed to be noted during the class (mine remain blank) and a model answer. That’s good, I suppose, at least I know where to start. Not to mention, the last time I heard the acronym ADR was over a year ago.

Since I’m learning this, I suppose it’s just best to note down what I can work out each different type is, and what happens in them. Yeah… that sounds like good, solid revision.

Tribunals

• Similar to standard civil courts
• They deal with about 750,000 cases a year
• There are different tribunals for different matters, i.e. immigration, employment, child custody.
• Three people: legally qualified chairman, two lay people with expert knowledge on the subject (plus the two sides)
• No legal aid
• No right of appeal, unless the act that set up the tribunal allows them
• Can be subject to judicial review by the House of Lords if there’s a breach of rights

Arbitration

• Less formal
• The outcome is decided by a third party, and it is legally binding as if it were a court judgement
• Costs are paid by parties themselves
• They can chose their own arbitrator, or select one from a list provided by the Chartered Institute of Arbitrators
• No right of appeal except if there has been a misjustice
• Used normally by businesses

Mediation

• Impartial third party tries to make the two disputing parties reach their own decision for a solution. They basically just make sure the argument isn’t going to be too strong. Like a mum who sits back and watches her children argue about who’s turn it is, until they start hitting each other and then she speaks up.
• Used in family disputes

Conciliation

• Same as mediation, except the mum is more proactive. If the argument doesn’t look like it’s going anywhere, she’ll make the decision who gets to play the damn Gamecube.

Negotiation

• This is where the parties have decided to go to court, but then one of them decides it’s too expensive if they lose, so they try to settle it before they get to court.

Ombudsmen

• Government appointed bodies who regulate stuff
• Ofcom is an example.
• Channel Four didn’t have to listen to them when they were told to apologise for swearing on Big Brother, but they did because they don’t want to make Ofcom and enemy