Alternative Dispute Resolution Essay

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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 “any method of resolving a legal problem without resorting to the legal process”
(Darbyshire, 2001). ADR is now becoming
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Section 33 of the AA states that an Arbitration Tribunal has a duty to “act fairly and impartially between the parties, giving each a reasonable opportunity to state their case; and to adopt procedures suitable for the circumstances of the case, avoiding unnecessary delay or expense” (Slapper and Kelly,
2003) An Arbitrator can make a decision based on one of two ways, the first being made using any supporting documents given by the parties involved to assist their case and secondly by holding a hearing where both sides can present their case themselves .

Arbitrators can also decide whether the parties involved can be legally represented, they also have the power to call in expert witnesses and can visit sites outside of the hearing room. A court can retract an Arbitrators decision if it feels that the Arbitrator has not acted fairly or impartially towards one or both parties, they do not hold the relevant or required qualifications or is not of a suitable mental or physical capacity to deal with the proceedings accordingly. The majority of contracts between businesses now include what is known as an Arbitration Clause, this is when parties agree that any future disputes that may occur will be submitted to
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