ADR

Question 1

conciliation

Answer 1

Conciliator plays a pro active role
suggests grounds for compromise
parties are in control and can withdraw at any time

Question 2

Example of conciliation

Answer 2

ACAS - Encourages parties in employment disputes to reach a settlement before a claim is issued in employment tribunal

Question 3

what are employment tribunals

Answer 3

Employment tribunals deal with claims brought against employers by employees. Claims can typically relate to unfair dismissals, discrimination etc

. Employees must contact Acas first to try to resolve the dispute through early conciliation

Question 4

Arbitration

Answer 4

Voluntary - both parties agree to let dispute be left in hands of a natural arbitrator - agreement is usually in writing and contains initial contract

Question 5

Negoation

Answer 5

easiest and least confrontational - helps to reach a settlement - face to face talking , emails etc - can be done by parties themselves

Question 6

Mediation

Answer 6

mediator helps to reach a compromise by talking to parties alone and listening to both sides
no opinion offered unless asked

mainly used in family disputes eg custody matters

Question 7

effectiveness of Negotiation

Answer 7

Straightforward contact between parties - no cost - continued business relationships

One party may not want to negotiate - hostile

Question 8

effectiveness of conciliation

Answer 8

parties have control by choosing conciliator

Conciliator may force an outcome - result may not be binding on one or both parties

Question 9

effectiveness of mediation

Answer 9

cheap , parties in control

unwilling to take part?

Question 10

effectiveness of arbitration

Answer 10

arbitrators are qualified and they make the final decision which is binding and decision can be enforced in court

formal and complicated - expensive