ADR

Question 1

disadvantages of taking civil case to court

Answer 1

expensive
no flexibility
delays

Question 2

why do we have ADR

Answer 2

so resolution can be fast straight forward and equal

Question 3

list the 5 types of ADR from quickest, cheapest and easiest to least

Answer 3

negotiation
mediation
conciliation 
arbitration 
ombudsman

Question 4

give advantages of negotiation

Answer 4

quickest easiest and most flexible

confidential

Question 5

give disadvantages if negotiation

Answer 5

not legally binding, could be unfair if parties are unequal in power and could require lawyers anyway

Question 6

give advantages mediation

Answer 6

flexibility, preserves relationships and has mutually satisfactory outcome

Question 7

disadvantages of mediation

Answer 7

not legally binding, dependant one willingness to mediate, could include lawyers anyway

Question 8

advantages of conciliation

Answer 8

conciliator plays more active role, flexible, cheaper than court

Question 9

disadvantages of conciliation

Answer 9

could be a ‘bullying exercise’, potential

imbalance of powers in employment disputes, not legally binding

Question 10

advantages of arbitration

Answer 10

could have industry specific knowledge, flexibility, legally binding

Question 11

disadvantage of arbitration

Answer 11

professional arbitrator is expensive, limited scope of speak, may not be legally trained