Resolving Civil Disputes

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Recommended: Substantive civil law

Resolving Civil Disputes

Arbitration is one method to resolve disputes without court action.

Both sides voluntarily agree to an independent third party making a

decision on their case. Arbitration is an alternative to court action

(litigation), and generally, just as final and binding (unlike

mediation, negotiation and conciliation which are non-binding). This

process is governed by the Arbitration Act 1996.

General principles of arbitration are as follows:

* The object of arbitration is to obtain a fair resolution of

disputes by an impartial third party without unnecessary expense

or delay.

* Parties should be free to agree how their disputes are resolved,

subject only to such safeguards as are necessary in the public

interest.

* Courts should not interfere.

There are three different classifications of arbitration which are:

* Commercial arbitration; this is the most common of disputes. Just

as it sounds it is a dispute between two commercial enterprises.

The Scott v Avery (1855) case signalled this new approach, so a

clause in a contract pre-agreeing arbitration is called a Scott

Avery Clause.

* Consumer arbitration surrounds disputes between a consumer and a

supplier of goods of services. Many organisations involved in the

commercial world would have introduced arbitration schemes,

examples are the Federation of Master Builders (FMB) and the

Association of British Travel Agents (ABTA).

* Industrial arbitration; One of the best known organisations

working in this area is the Arbitration and Conciliation Advisory

Service (ACAS). It o...

... middle of paper ...

...you - not a judge or jury -develop your own solutions

* May offer you a fast resolution to a dispute

* May be less expensive than going to court

* May mend your relationship with the other parties

* Still allows you to go to court if you cannot reach a

mutually-acceptable solution

Disadvantages of mediation are:

* May not resolve your dispute

* You or the other party may not be happy with the solution

* You may have to go to court anyway

Advantages of conciliation are:

* It is independent

* It is informal and non-confrontational

* It avoids the stress of the legal process

Disadvantages of conciliation are:

* Complainants might not get an opportunity to meet with their

employer face-to-face

* Settlement requires the consent of both parties

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