Following out blog on ‘Jargon busting for dispute resolution’, today we’ll be looking at ADR. In a drive to get people to stop taking things to courts, the current government is pushing its ADR plans, also known as alternative dispute resolution. Let’s look at each type in detail.
Firstly, conciliation and mediation. These are usually free services that are available to anyone who needs dispute resolution. Whether it be over contracts or business, it’s the governments attempt to get people to sit down and talk.
Conciliation is more focused on the needs and wants of you and the disputing party, and focuses on meeting a compromise between the two. Mediation is more analytical, it focuses on the problem at hand and what can be done to solve it. Conciliators and mediators are mostly independent, but often they are hired by one party, so make sure that the they are free of bias and are doing their job properly.
Adjudication, is slightly different. It is less formal and more impersonal. the adjudicator is usually someone who is an expert in the field you are disputing about and who will look at written evidence that you are thee disputing party submit and will make an executive decision.
Arbitration is roughly the same, but slightly different. This time the arbitrator will look at written evidence and will make a decision that is legally binding.
Therefore, the difference between the two will be that if you don’t agree with the decision of the adjudicator you can take the matter to the courts, whereas you often can’t when arbitrator are involved.
When ADR is not successful the courts may have to be involved at one point, but making sure you try ADR shows that you didn’t just come straight to the courts without trying an alternative method.
There are several different kind of disputes that can occur. Some of the most common types are:
-contract disputes these are the type of disputes that take place amongst employers and employees and can often be resolved by ADR
-Neighbour disputes: These can take place between normal residential neighbours, office neighbours and commercial property neighbours. Whether that be the music playing too loud, or the neighbours decision to build an extension.
-Defamation claims: These are claims that people make to ruin or discredit your reputation. These can often scale up to huge disputes, especially amongst businesses, who believed that there is a smear campaign against them.
If you wish to seek any legal advice around dispute resoloution, or simply want to know more, don’t hesitate to call our team on: 0116 2999 199 or alternatively you can email us at: firstname.lastname@example.org