Alternative Dispute Resolution (ADR) Methods

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What is Alternative Dispute Resolution (ADR)?

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Methods of resolving a civil case outside of the courts, encouraged by Part 1 Civil Procedure Rules 1998 following the Woolf Reforms.

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Can courts force parties to use ADR?

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No, courts cannot force parties to use ADR but can sanction if parties unreasonably refuse to try it.

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What is arbitration commonly used for?

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Arbitration is commonly used in commercial and contract cases, and most notably in profile sports cases.

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What is a Scott v Avery clause?

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A clause in many contracts to agree precontractually to arbitrate in the event of a dispute.

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What is the decision of an arbitrator called?

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The decision of the arbitrator is called an 'award'.

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On what basis can an arbitration award be appealed?

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An award can be appealed only on the basis of serious irregularity in the proceedings or on a point of law (s.65 Arbitration Act 1996).

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What is the role of a mediator in mediation?

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The mediator's role is facilitative rather than active, helping parties come to their own settlement.

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Is mediation automatically binding?

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No, mediation is not automatically binding unless a contract is drawn up.

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What is conciliation commonly used for?

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Conciliation is commonly used in industrial disputes.

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What is the role of the third-party in conciliation?

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The third-party plays a more active role in the proceedings to push them towards a settlement.