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ADR Law Exam - Jan 2001 5a) There are a number of alternative ways of resolving civil disputes other than an action before the civil courts. The range of alternatives available include tribunals, arbitration, mediation and conciliation. 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...

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