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Definition
- Parties come to an agreement without litigation
- Costs less money
- Saves court time
- Increases accessibility to dispute resolution
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Formalised Settlement
Conference
- Like a 'mini trial' with a neutral judge
- Each sides presents a case to a panal of decision making executives
from each party and a neutral party
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Advantages
- Helps facilitate future relationships (no looser)
- If unsuccesful, still helps by narrowing down issues
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Disadvantages
- Decision not binding
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Negotiation
- Direct discussion between 2 parties
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Advantages
- Privacy - the public don't have to know the terms of the settlement etc
- Quickest & Cheapest method
- Can continue until trial
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Disadvantages
- Hired solicitors can be determined to get the best,
and end up prolonging the negotiation
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Arbitration
- Objective is to obtain a fair resolution by an impartial tribunal
- Parties can agree on number of arbitrators and
choose them from the Insitute of Arbitrators
- Arbitration Act 1996
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Advantages
- Privacy - public don't know (besides arbitrators)
- Result is binding
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Disadvantages
- May be unhappy with the decision
- Can be formal
- May have to pay high arbitrator fees
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Conciliation
- Similar to mediation but concillators play an active role in working out a compromise
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Advantages
- Privacy - public don't know (besides conciliators)
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Disadvantages
- Result NOT binding
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Mediation
- Finds common ground with the help of an impartial
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Advantages
- Privacy - public don't know (besides mediator)
- Mediator doesn't give their own opinion
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Disadvantages
- Result NOT binding
- If mediation fails, paying court costs AND
mediation costs can be expensive
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Tribunals
- Role: To enforce rights granted through Social Welfare legislation
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General Features
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The Administrative Justice Tribunals Council ensures
- Ran effectiveely
- Government Independance
- Openness
- Ran by HM Courts & Tribunals Service
- Quite informal
- Not always private
- Cannot be used in addition to court
- Decision is Binding
- Heard by a judge, sometimes 2 lay people with expertise
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Advantages
- Cheap, order to pay other side's costs is unusual
- Expert decisions
- Informal & Quick
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Disadvantages
- Lack of public funding
- Formal systems must be followed
- Delay / Can take a long time
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Uses Include
- Employment Law
- Social Entitlement
- Taxation
- Immigration & Asylum
- War pensions
- Health, Education & Social Care
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Hierachy (Highest - Lowest)
- Supreme Court
- Court of Appeal
- Upper Tribunal
- 1st Tier