Compare methods of dispute resolution
Choose between negotiation, conciliation, mediation, arbitration and a court by comparing authority, cost and the remedy needed.
Section 1.2.2 · Alternative dispute resolution
Exam scope and assessment notes
AS and full A Level · section 1.2.2. Original educational scenarios about the law of England and Wales, checked on 14 October 2026. Model answers are formative reasoning, not advice about a real dispute, Cambridge marks or predicted grades. Read the exact statute, case and exam-year source where a rule is disputed or changes. A larger annotated authority bank, full unseen papers and specialist law-teacher review remain outstanding.
Before you begin
- Read a short source carefully and separate its rule from the facts
- Explain which element a fact supports and what is still uncertain
Work on paper. Try each question before revealing help, and explain why your method works.
Quick readiness check
What should a legal problem answer connect?
What you will learn
- Distinguish consensual settlement from an imposed award
- Evaluate arbitration, the statutory framework and Scott v Avery clauses
Identify who controls the outcome
Negotiation is direct discussion between parties. Mediation uses a neutral facilitator; conciliation may involve a more active proposal for settlement. The neutral does not ordinarily impose a binding decision in these settlement processes. Any binding effect comes from the agreement and applicable law, not simply attendance at a meeting.
Arbitration submits a dispute to an adjudicator whose award can bind under the agreement and statutory framework. The syllabus names the Arbitration Act 1996; it must be read with applicable amendments, including the Arbitration Act 2025, largely commenced on 1 August 2025. Do not present the unamended 1996 text as the whole current framework.
Match the process to the dispute
A Scott v Avery clause makes an arbitral award a contractual precondition to relevant court proceedings; it does not mean courts have no role in supervision or enforcement. Scope, validity, procedure and available challenges depend on the agreement and statutory rules.
Settlement can save time, preserve relationships and permit flexible outcomes, but pressure, unequal bargaining power or a need for an authoritative remedy may favour court safeguards. Arbitration offers expertise and privacy but can be costly and has limited challenge routes. An evaluation should use the parties' needs rather than say one process is always best.
Sources for this lesson
Pause and explain
Which process normally supplies an adjudicated award rather than facilitated agreement?
Worked example
Two fictional suppliers want to preserve a relationship but dispute a small delivery delay. One says a mediator will impose a final ruling. Assess.
Show the worked solution
- Mediation facilitates a negotiated resolution.
- A mediator does not ordinarily impose an award.
- Any agreed settlement and its binding effect need separate analysis.
Answer Mediation may suit the relationship aim, but the claim about an imposed ruling is wrong. An arbitral award or court judgment is different from the parties voluntarily agreeing to a settlement.
Try a topic test
Choose Easy, Normal or Difficult. Save your answers and open worked review after finishing.
Test this topic →From guided practice to a new situation
Write your answer and reasoning first. Use a hint only if you are stuck. The model solution is for self-checking; your written work is not automatically marked.
Guided: Explain why the relationship aim can favour mediation without guaranteeing settlement.
Give me a hint
Separate the process's opportunity from its outcome.
Compare my reasoning
- Discussion can address continuing cooperation.
- A neutral can facilitate communication.
- The parties can still fail to agree.
Mediation offers a setting for a flexible agreement while preserving communication, but it cannot guarantee that the parties accept terms. Its suitability depends on willingness, power balance and the dispute's needs.
Look for these in your work
- Uses the relationship context
- Explains facilitation
- Limits the outcome claim
Independent: Compare arbitration and court for a technical dispute needing a binding outcome.
Give me a hint
Consider expertise, cost, enforceability and review.
Compare my reasoning
- Arbitration can use specialist expertise.
- Both routes involve legal enforceability and procedure.
- Compare expense and challenge opportunities.
Arbitration may provide specialist adjudication and privacy, while a court supplies public judicial safeguards and its appeal framework. Both can be costly; the agreement, remedy and available challenge routes determine which best fits the dispute.
Look for these in your work
- Compares expertise
- Compares legal effect
- Evaluates limits
Application: A contract contains a Scott v Avery clause. A writer says this excludes every court role permanently. Assess.
Give me a hint
A precondition is not the abolition of supervision.
Compare my reasoning
- The clause can require an award before relevant proceedings.
- Courts retain roles defined by the legal framework.
- Read the clause and amended legislation.
The clause may make arbitration a precondition for the relevant claim, but does not eliminate all court supervision or enforcement. The answer depends on the clause's scope and the applicable amended arbitration law.
Look for these in your work
- Explains the precondition
- Rejects the absolute claim
- Uses scope and statute
Common mistakes
- Confusing mediation with arbitration
- Assuming ADR is always cheap
- Ignoring amendments to the 1996 arbitration framework
What can you explain now?
Which process normally supplies an adjudicated award rather than facilitated agreement?
Compare with the explanation
Arbitration
An arbitrator determines the submitted dispute; a mediator ordinarily facilitates the parties' decision.
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Make it stick
Which process normally supplies an adjudicated award rather than facilitated agreement?
If you needed the solution, close it and solve the problem again from a blank page. A correct answer is stronger when you can explain the reason for each step.