ADR Flashcards
list 3 reasons not to go to court
- expensive
- time consuming
- stressful
- potential loss
- can gain media attention
open to the public
list 3 Advantages of ADR
- cheaper
- quicker
- less formal
- parties have more control
- dealt with in private
- has to reach a resolution
What is negotiation
this takes place in court action is considered , two parties try to reach an agreement , they can use lawyers for the negotiation its not binding.
advantages of negotiation
- cheapest way of settlement
-no involvement of others
parties happy with the outcome
nether parties have to accept the solution
Disadvantages of negotiation
- wont work if parties cant come to an agreement
-the claimant may not receive as much money
informal agreement so its not binding
likely to get more money if it went to court
what is mediation
this involves a 3rd party who is neutral and advises both parties stating no opinions
what is conciliation
a conciliator plays an active role suggesting solutions to the parties , this doesn’t mean a resolution has defiantly been reached
advantages of Mediation and conciliation
- keeps proceeding calm
- methods are ideal for future dealings
disadvantages of mediation and conciliation
- parties can feel pressured into an agreement
- difficult to hold an agreement
What is Arbitration
a service popular will businesses , this is to obtain a fair resolution with an impartial tribunal without delays or expense
Advantages of arbitration
- choose their own arbitrator
- hearing chosen to suit best
- quick resolution
- hearing is in private
- award is binding
disadvantages of arbitration
- formal process similar to court
- expensive if private
- can take a long time to settle
- appeal is limited
what is a Tribunal
administrative tribunals operate alongside courts
What is the role of a tribunal
the enforcement of rights
Advantage of tribunals
- cheaper than court
- less formal
members are specialists in their area - quicker
