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#1 Posted : 02 May 2006 15:21:00(UTC)
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Posted By danielmurphy1985
Could anyone tell me the main differences between the ADR (alternative disputes resolution)process and an Industrial Tribunal.

and if possible, in what circumstances would you use one and not the other.

Thankyou.
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#2 Posted : 02 May 2006 16:11:00(UTC)
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Posted By Bernard Grainger
The Industrial Tribunal now called Emploment Tribunals are courts sitting in session, the idea is to provide easy access to the legal system for working people on employment matters, this developed over years to include discrimination, H&S and breach of contract. Cases can go all the way on to the Court of Appeal, House of Lords etc. ADR is a method by which disputes are resolved at an early stage to prevent the system being clogged and save people the aggro of giving evidence. Settling out of court is normally preferable for all concerned. ACAS have carried out this function for years, over the last decade or so Lord Woolf's report Access to Justice aimed at this approach being adopted across the board especially as everyone seemed to be claiming for the slightest thing putting a strain on the court system delaying hearings etc. There is also Proportional Dispute Resolution which aims to equip parties with the necessary info on legal rights and responsibilities etc to nip disputes in the bud and avoid the legal process all together.
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#3 Posted : 03 May 2006 22:33:00(UTC)
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Posted By DJ
Daniel,

Following on from the previous reply. ADR (Alternative Dispute Resolution) are a number of alternative ways of settling disputes before (or in conjunction with) resorting to litigation.

The most common forms of ADR are:

Mediation, where a mediator meets with the parties together and then separately, to encourage them both to move towards an agreed settlement.

Arbitration, where the parties both present their case to an arbitrator, who comes to a decision in the case, which is contractually binding on the parties.

Adjudication, which is similar to arbitration, often used in construction disputes.

An Employment Tribunal (formally the Industrial Tribunal) is more akin to a court, where the Chairman, or Tribunal (three people) judge a case on its merits and make a legally binding ruling on employment (and related) issues.

I hope this helps
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