ADR Flashcards
What is ADR?
Settling a civil legal dispute by a method other than a al decision before court.
What is the ADR:Negotiation?
It involves two parties discussing and compromising to obtain an agreed solution.
It is usually carried out with legal representatives but each party can take their own legal representation to assist.
Negotiation is NOT binding.
What is the ADR:Mediation
It involved an impartial third party who listens and directs discussion but does not suggest outcomes.
It is voluntary
Atmosphere is informal
All parties have their say
What disputes are unsuitable for mediation?
- Circumstances where both parties are not willing to attend mediation
- Disputes where there is no continuing relationship between the parties
- Disputes where there is evidence of gross imbalance of power
- Where there are overwhelming emotions involved
- Where there is a history of broken promises
What is the ADR:Conciliation?
It involved a third part who make make suggestions to the parties
The decisions are not binding
What is the ADR:Arbitration?
It involved a third independant party who makes suggestions and imposes a decision on the parties
It is binding
What is the ADR:Ombudsman?
A person who investigates complaints about an organisation
Aim:to resolve the matter before it get to court
Investigations can be long
Recommendations do not have to be followed but they usually are
Advantages of ADR
- Takes less time than court
- Cheaper
- Less formal
- Confidential
- Held at more suitable venues
- Not adversial
Disadvantages of ADR
- Not suitable for all disputes
- Decisions are not legally binding
- May still end up in court
- Need both parties to voluntarily participate
