ADR

Question 1

what is ADR?

Answer 1

alternative dispute resolution.
an easier way of resolving disputes outside of the court system

Question 2

what is negotiation?

Answer 2

between two parties.
written or verbal.
not legally binding - can be with a contract.

Question 3

what is mediation?

Answer 3

between two parties and a mediator.
mediator can’t give opinion but can steer the conversation.
not legally binding - can be with a contract

Question 4

what is conciliation?

Answer 4

between two parties and a conciliator.
conciliator can give their opinion and help with decisions.
not legally binding - can be with a contract.

Question 5

what is arbitration?

Answer 5

arbitrator is like a judge.
both parties submit evidence and arbitrator comes back with a decision that is legally binding called an ‘award’.
big companies prefer arbitration to keep private - Scott v Avery Clause means they can go straight to arbitration.

Question 6

advantages of ADR?

Answer 6

cheaper than court, parties have control (other than arbitration), can become binding, expert professionals

Question 7

disadvantages of ADR?

Answer 7

parties might not take seriously, not legally binding, could be a waste of time, no control under arbitration