alternative dispute resolution

many dispute are resolve informally for instance , negotiation, compromise,and concession. however, when a informal approach is unsuccessful, formal mechanisms must be available to ensure the dispute is resolved fairly. the traditional formal mechanisms is the court system. however in a certain reason , the court themselves are not always the most suitable approach . therefore, alternation resolution has been made to supplement the work of the court.

the main forms of alternative dispute resolution is tribunals. these are designed to deliver justice quickly, cheaply and informally. all tribunals are created by statutes and a tribunal will usually have 3 members which contains a legally qualified chairperson and 2 lay personnel. tribunals member can usually be dismissed with the consent of the lord chancellor. this is an essential safeguard against executive interference in the independence of the tribunals. the procedure of a tribunal is keep as informal as possible but some tribunals have to be quite formal because of the importance of the issues with they are dealing for example the Mental health review tribunals.

another type of alternative disputes resolution will be the arbitration . arbitration is a procedure whereby the both parties agree to let a 3rd party ,the arbitrator , to decide. the arbitrator can be a lawyer or may be an experts in a field of the dispute. he or she will make a decision according to the law and the decision is legally binding.

other than that , the mediation is also a type of alternative dispute resolution. mediation involved appointment of a mediator to help the parties to a dispute reach an agreement where each party consider acceptable. mediation can be "evaluative", where mediator gives an assessment of the legal strength of the case, or " facilitative", where a mediator helps the parties to find a settlement that is in all parties best interests. when a mediation is successful and an agreement is reached, it is written down and forms a legally binding contract unless the parties state otherwise.

conciliation is also a type of alternative dispute , it is similar to mediation but the conciliator takes more interventionist role than a mediator in bringing two parties together and in suggesting a possible solution to help achieve an agreed settlement . the term conciliation is gradually falling into disuse and the process is regraded as a form of mediation.

alternative disputes gave become increasingly popular because of the difficulties of trying to resolve disputes through court hearings this is because a trial involves a winner and a loser , and the procedure combined with a aggressive atmosphere of the court proceedings divides the parties making them end up enemies. whereas for alternative disputes , parties are often in a win win situation.

in court hearings , the rule of the procedure lay down a fixed framework for the way in which problems are addressed. this may be inappropriate area which of largely concern to the parties involved . alternatives method can allow the parties themselves to take more control of the process.

further more, court hearing impose a solution on parties which since it does not involve their consent , may need to be enforced if the parties are able to negotiate a settlement between them, to which they both agreed , this should be less of a problem.

however, there are also problems with ADR . as the unfair dismissal conciliation schemes shows the benefits of voluntarily negotiating agreement may be undermined where there is a serious imbalance of power between the parties.

moreover, there is no doctrine of precedent and each cases is judged in its merits , providing no real guidelines for further case while arbitration have a duty to apply the law contained in court judgement, the decisions of the arbitrators themselves do not act as precedent. enforcement are also not protected . decision not made by courts may be difficult to enforce. while an arbitration award can be enforced just like a judgement , to enforce a mediation settlement a party may need to go to court to obtain a judgement which can then be enforced.