Monday, August 21, 2017

Alternative Dispute Resolution, Or ' Adr '


Alternative Dispute Resolution, Or ' Adr '


Alternative Dispute Resolution, or 'ADR ' is the phrase used to describe the different methods of ways to resolve legal disputes outside of the court system. There are many advantages and disadvantages to it, and they come in many different forms in England and Wales. These include administrative tribunals, arbitration, mediation, adjudication, conciliation, negotiation, expert determination and the ombudsmen services.



Administrative Tribunals come in many different forms and can cover many areas including employment tribunals, lands tribunals and rent tribunals. The most common one being employment tribunals. The distinction between Tribunals and the Courts have sometimes be blurred because it has long been held that tribunals are just an administrative extension to the Court system and therefore some argue that Tribunals are not a separate entity, "There is some debate as to whether tribunals are merely part of the machinery of administration of particular projects or whether their function is the distinct one of adjudication,"1 However the main difference between tribunals and the courts is that tribunals are much more specialised in nature, coming in many forms, some of which are stated above. Administrative tribunals are also not staffed by judges, and are staffed be specialists in the particular field in which the administrative tribunal is being held. For example, an employment tribunal would be chaired by a panel of people who specialise in employment law.


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