ADR

Question 1

What are the 6 types of Alternative Dispute Resolution

Answer 1

Negotiation + Settlement
Mediation
Conciliation + Arbitration
Tribunals
Restorative justice
Ombudsman

Question 2

Overview of Negotiation

Answer 2

No third party
Minimum to no cost
used in neighbourhood disputes, etc

Question 3

Overview of Mediation

Answer 3

independent third party - mediator
mediator cannot suggest a solution, only ensures procedure is followed
used when maintenance of a relationship is required e.g. parents, neighbours
unsuitable when cases need interpretation of the law
parties resolve their own issue, win win
may not bear a solution and precede necessary court or other ADR

Question 4

Overview of restorative justice

Answer 4

To repair and reconcile rather than find a Resolution, generally for juvenile criminal offenses

Question 5

Conciliation

Answer 5

• Impartial conciliator who can suggest resolution
• used in workplace disputes
• conciliator has legal knowledge
• beneficial for maintaining relationships between families or workplaces
• informal environment, inexpensive
• may prolong a court hearing
• conciliator cannot impose a solution

Question 6

Arbitration

Answer 6

Used when parties require a legally binding order
More formal than other ADR, most similar to court
Can be expensive if parties opt for a formal hearing (lawyers etc)
Win-lose situation for parties, not recommended for saving relationships between people