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1. ADR
Why is ADR better than the courts?
You can go through easier and simpler process, rather than
going to the courts, you could go through the following;
• Mediation and Conciliation
• Arbitration
• Tribunals

2. Mediation
Mediation is a dynamic, structured, interactive process where a neutral third
party assists disputing parties in resolving conflict through the use of
specialized communication and negotiation techniques. All participants in
mediation are encouraged to actively participate in the process.
Mediation is a "party-centred" process in that it is focused primarily upon the
needs, rights, and interests of the parties.
A mediator is facilitative in that s/he manages the interaction between
parties and facilitates open communication.
What mediation can cover:
• Divorces
• Financial
• Disputes
• And more

3. Conciliation
• Conciliation is an resolution process whereby the parties to a dispute use
a conciliator, who meets with the parties both separately and together in
an attempt to resolve their differences. They do this by lowering tensions,
improving communications, interpreting issues, encouraging parties to
explore potential solutions and assisting parties in finding a mutually
acceptable outcome.
what can conciliation cover?
• Disputes
• Divorces
• Financial
• And more

4. Arbitration
• Arbitration is the voluntary submission by the parties, of their dispute, to the judgement of some person
other than a judge.
• The precise way in which the arbitration is carried out is left almost entirely to the parties’ agreement.
• The object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without
unnecessary delay or expense.
• The agreement to arbitrate: The agreement to go to arbitration can be made by the parties at any time,
before a dispute arises or after.
• The Scott v Avery clause: this clause is where in the parties original contract agree that in an event of a
dispute arising between them, they will have that dispute settled by arbitration. This is in commercial
cases.
• The arbitrator; Due to the Arbitration Act 1996, the parties are free to agree on the number of arbitrators.
This will normally be between two or three, or they can choose to have one. If they can’t decide on the
number of arbitrators then The Arbitration Act 1996 says there should only be one. The parties are also
free to chose the procedure in which the arbitrators will be appointed. IN commercial contracts the
arbitrator is often provided that the president of the appropriate trade organisation will appoint the
arbitrator. There is also an Institute of Arbitrators which will provide trained arbitrators for major disputes.
• The arbitration hearing: The actual procedure is left to the parties agreement in each case. So this leads to
many forms of hearing. Some parties will agree on a ‘paper’ arbitration, alternatively, the parties may have
sent the paper documents to the arbitrator but before he makes a decision both parties will attend a
hearing at which they make an oral submissions to the arbitrator. There could even be witnesses if
necessary.

5. Tribunals
• Tribunals allow people to have the right to a mobility allowance for the disabled that are unable to walk
for long distances.
• Allow people the right to a payment if one is made redundant from work.
• The right to not be discriminated against because of one’s sex, race, age or disability.
• The right of immigrants to have a claim for political asylum heard.
• Social Entitlement chamber covers a wide range of matters such as; child support, criminal injuries
compensation and gender recognition.
• The health education and social care chamber includes The former health review tribunal, which covers
detention of those in mental hospitals
• War pensions
• Taxations
• Land, property and housing Chambers
• Asylum and immigration Chambers
• Its also cheaper, quicker, informal and is dealt by definitive experts.