Study Schedule for Effective Exam Preparation

Question 1

Alternative Dispute Resolution (ADR) Methodss

Justice in every country is very important. Justice refers to the fairness in both natural and legal matters. Attaining justice sometimes can be very expensive. The legal systems like in England and Wales can make the justice system a bit cheap. To save money, the legal system needs to apply alternative dispute resolution (ADR) to attain justice. This refers to the methods of solving conflict without going to courts. The governments of Wales and England encourages these platforms to create easier access to justice as well as the satisfaction of involved parties. This section describes the ADR process, conditions under which the process cannot be used as well as advantages and disadvantages of the process.

ACR methods in Wales and England

One of the method involved include adjudication. This is an alternative dispute resolution method usually used to solve a conflict which arises out of construction contracts. It is a process which is relative formal which involve; providing a written notice of adjudication which shows the details of the dispute, appointment of an adjudicator, serving a referral notice which guide and set out details by the aggrieved party, the referral party notice and a decision that is reached by the adjudicator within twenty-eight days of the referral notice (The Open University, 2019 a) The final decision is binding and ultimate. Thus resolution method is provided under the construction and regeneration Act 1996. Linnett v Halliwells LLP [2009], is an example of a case solved through Adjudication where Halliwells were liable to pay the adjudicator a reasonable fee which was lower than court fee and the case was solved.

Mediation is another method that involves an independent mediator to facilitate communication between involved parties with the aim of achieving settlement fast and cutting the cost of the legal proceedings. England and Wales adopted this method as a voluntary process as per the view indicated in the Dyson LJ in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 (Halsey) where compulsory application of ADR would be regarded as a violation of article six of the European convention human rights: right to fair trial (the open university, 2019b) The mediator help both sides to reach agreement that is preferred to be just by both parties. In this case, the mediator does not make a decision in the case but only help both sides come up with a solution. This method involves facilitative mediation and evaluative mediation. England and Wales's recent cases have been resolved using mediation. In mediation, the loser usually pays the winner.

Moreover, arbitration is another alternative method that can be used to help save money and reach a decision faster. This process is guided by article 68, 69 as well as 67 of the arbitration act 1996( The Open University, 2019 b) This is a formal process that involves methods where conflict is resolved by the decisions of an arbitrator who is usually selected by a third party and which has the necessary qualifications to handle such a case. This process is important in solving cases that require an understanding of technical knowledge and where privacy is of very critical. This can be used especially solving commercial disputes where disclosure of commercial secrets can be a threat to an organization. The process runs a tribunal process and the decision is binding to all parties. In this method, many contracts usually contain an arbitration clause which has to be utilized to solve the dispute.

Lastly is negotiation which is an informal method that is used which consist of an informal approach between involved parties themselves or even with their lawyers. This process is guided by the Competition and Markets Authority and sectoral regulators to supervise and enforce the Competition Act 1998 (the Open University, 2019b). This is the fastest and quickest method of solving a conflict. The people involved in the conflict enters privately or directly into a contract to handle cases. In this case, no third party controlling the decision-making process. Example of a case that was efficient and attained success include Cable & Wireless plc v IBM United Kingdom Ltd ([2002] which was resolved using negotiation (The Open University, 2019b)

Conditions under Which the ADR Would Be Unsuccessful

In some cases, some dispute proves to be difficult to apply this process of ADR. Such conditions include when one party refuse to accept that there is a dispute or refuses to negotiate. Another instance is where the method over time prove to be unsuccessful for instance where the process seems to add more disputes than solutions i.e. where one party is asking for an unreasonable sum of money and unlikeness to accept less sum. This method can also not be used to cases where an individual wants the other party to stop their actions immediately for instance, where a holder of intellectual property right want another party to stop violating their rights.

Advantages

The use of alternative dispute resolution can help speed up a settlement which means less cost, stress time and efficiency than in a court of law (The Open University, 2019a) Secondly, decision making is retained to the parties which means the final decision is satisfying. Moreover, these methods are important since they help the involved parties to reach consensus and even forgive one another which is crucial for a long lasting solution. Lastly, the process is crucial in keeping confidential information and enabling parties to avoid unwanted interest such as those of competitors.

Disadvantages

Since this process is voluntary, one cannot be sure of achieving results. Secondly, to achieve a settlement, the parties must agree which might not be the case in most cases, therefore, wasting time and resources. Additionally, the process can result in cynical exploitation which is an injustice to one party.

Conclusion

Achieving justice can be very important in all civil cases. To save money and time, the ACR process can be used with agreement of parties involved. Some of the methods in this process involve arbitration, mediation, negotiation, and Adjudication. This process is sometimes also limited when parties fail to agree to follow the process, there is a failure to attain agreement and when there is increased dispute as a result of the method. Additionally, it is advantageous in that it saves time and money while achieving satisfactory among parties. Lastly, it can also be disadvantageous in that it can fail to reach an agreement leading to resource wastage.

Question 2

Study Schedule

Management of time is the key to success. A solid revision schedule is not only an assurance of covering everything one need for an exam but also breaks everything down to a manageable chunks.

One of the study technique that I will utilize is compiling my study timetable. This will help me maximize and priories on things that are urgent first and organize my study plan. Secondly, I will revise past papers for previous years as this will help determine my understanding of the course and give me a format for the questions that might be asked. Lastly, I will Schedule recovery time to cover for a lost time.

Revision time table

I believe this schedule will help me achieve the best in the coming examination.

Bibliography

• The Open University, (2019a). Unit 4: Alternative Dispute Resolution Methods. [Online] Available at https://learn2.open.ac.uk/mod/oucontent/view.php?id=1170793 [Accessed 2 February 2018].
• The Open University, (2019b). Unit 8: conflict resolution – European Union law. [Online] Available at: https://learn2.open.ac.uk/mod/oucontent/view.php?id=1170791 [Accessed 2 February 2018].