Alternative Dispute Resolution Essay -- ADR Business Management Negoti

Alternative Dispute Resolution Consider carefully the facts of the case study and advise Eagle Aviation Ltd. and Aircraft Ltd. of the alternatives to litigation in the ordinary courts and the advantages and disadvantages of each alternative form of ADR. This submission will identify and define each form of Alternative Dispute Resolution (ADR) including each of the forms advantages and disadvantages. It will also compare and contrast each form of ADR and consider which form or forms would be beneficial to both Eagle Aviation Ltd and Aircraft Ltd Alternative Dispute Resolution or ADR can be defined as â€Å"any method of resolving a legal problem without resorting to the legal process† (Darbyshire, 2001). ADR is now becoming more and more favorable particularly within the court system as an alternative to traditional forms of litigation (Practice Statement [1994] 1 ALL ER 34, Cresswell, J) (Practice Note [1996] 3 ALL ER 383 this is as litigation is a process that can be costly, time consuming and complicated, therefore ADR is an alternative which can be useful to all parties involved. The leading forms of ADR are; Arbitration, mediation, conciliation and negotiation. ADR is not legally binding with the exception of Arbitration, however in Mediation when a solution has been reached and agreed by each party once it has been written and signed by the parties involved it does then become a legally binding document. ADR will only be successful if both parties involved are in agreement with the outcome this of course can become increasingly difficult if the parties refuse to speak to each other, In these cases litigation may be the only viable solution, however ADR is ideal where it is important that each party maintains an unblemished relationship with the other party involved this is especially important within the business community. Arbitration is one of the oldest forms of Alternative Dispute Resolution (ADR) it is governed by the 1996 Arbitration Act (AA) and is part of the Advisory, Conciliation and Arbitration Service (ACAS). The Act states in Section One that the object of Arbitration is â€Å"to obtain the fair resolution of disputes by an impartial tribunal without necessary delay or expense† (Slapper and Kelly, 2003) Arbitration can only transpire if both parties involved agree to it, it is the only form of ADR t... ...ional decision without the situation getting out of hand. Each party will in turn be able to state what they feel is the nature of the dispute before negotiating a suitable outcome. Negotiation is slightly different to Conciliation and Mediation as the person negotiating acts on ‘your’ behalf and represents and looks after ‘your’ interests, a successful negotiator will be able to reach a conclusion where they are able to achieve most of their parties wishes but without causing the other party to feel they have lost and therefore detach themselves from the rest of the negotiation process and then choose to pursue a litigation option. Conciliation can be seen as a form of Mediation in fact some people say that the only difference between them is that Conciliators have more power than Mediators as they can â€Å"suggest grounds for compromise and the possible basis for a conclusive agreement† (Slapper and Kelly, 2001). Conciliation like Arbitration is part of ACAS and like Mediation tries to allow parties to decide an outcome between them that suits them both, however it does not always guarantee that a dispute will be settled and will not proceed to litigation anyway.