Going to court is expensive, slow and stressful – which is why many civil disputes are settled through Alternative Dispute Resolution (ADR). In Cambridge A Level Law 9084, ADR is Topic 1.2.2 in Paper 1, and it pairs naturally with questions on the civil courts and the Woolf reforms.
What Is ADR?
ADR is any method of resolving a dispute without a full court hearing. The Woolf reforms and the Civil Procedure Rules encourage parties to consider ADR, and courts can penalise a party in costs for unreasonably refusing it (Dunnett v Railtrack (2002); Halsey v Milton Keynes General NHS Trust (2004)). In Churchill v Merthyr Tydfil County Borough Council (2023), the Court of Appeal confirmed that courts can order parties to engage in non-court dispute resolution.
The Four Main Methods
1. Negotiation
The parties (or their lawyers) try to settle the dispute themselves. It is private, cheap and flexible, and preserves relationships, but it can fail where one side is far more powerful, and there is no neutral third party.
2. Mediation
A neutral mediator helps the parties reach their own agreement. The mediator does not give an opinion or impose a solution – they facilitate communication. Mediation is widely used in family and commercial disputes. It is confidential and keeps control with the parties, but any agreement depends on both sides cooperating.
3. Conciliation
Similar to mediation, but the conciliator plays a more active role and can suggest possible solutions. ACAS conciliation in employment disputes is the classic example.
4. Arbitration
The most formal method. The parties agree to submit their dispute to an independent arbitrator, whose decision (the award) is legally binding and enforceable by the courts.
- Governed by the Arbitration Act 1996, which lets parties choose the arbitrator, the procedure and the venue.
- Appeals are very limited – for example, on a point of law with the court’s permission, or for serious irregularity.
- A Scott v Avery clause (from Scott v Avery (1856)) is a clause in a contract requiring disputes to go to arbitration before any court action can be brought.
ADR vs Courts: Evaluation
Advantages of ADR
- Cheaper and quicker than litigation.
- Private and confidential – useful for businesses protecting their reputation.
- Less adversarial, helping preserve ongoing relationships.
- Parties can choose an expert neutral (for example, an engineer in a construction dispute).
Disadvantages of ADR
- Imbalance of power can produce unfair settlements.
- No binding outcome in negotiation, mediation or conciliation.
- No development of precedent, since results are private.
- Arbitration can become almost as expensive and formal as court.
- Limited appeal rights in arbitration.
Exam Technique
In part (a) questions, describe each method precisely and highlight the role of the third party – that difference is what separates them. In part (b), evaluate ADR against the courts using the Woolf reforms and cost/time as reference points. Our guide to A Level Law essay structure explains how to organise AO1 and AO3 in these two-part questions.
Free Paper 1 Past Papers – Download Now
The fastest way to lock in this topic is to practise on real Cambridge questions. Our resource hub has AS and A2 Level Law 9084 past papers for Papers 1–4, with mark schemes, free to download:
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Frequently Asked Questions
Is an arbitration award legally binding?
Yes. Under the Arbitration Act 1996 an award is binding on the parties and can be enforced through the courts.
What is the difference between mediation and conciliation?
A mediator stays neutral and helps the parties find their own solution; a conciliator takes a more active role and may suggest terms for settlement.
Can a court force parties to use ADR?
Following Churchill v Merthyr Tydfil (2023), courts can order parties to engage in ADR, and they can penalise unreasonable refusal through costs orders.
Final Thought
ADR is a short topic with a high return. Memorise the four methods, the role of the third party in each, the Arbitration Act 1996 and a handful of cases, and you will be ready for both descriptive and evaluative questions.