ADR Flashcards
1
Q
‘at the door of court’
What is meant by negotiation?
A
- Parties can attempt to reach an agreement by negotiating
- Most imformal/cheap/quickest methord of ADR
- No guarentee the matter will be solved, can drag on for years, often parties reach a settlement ‘at the door of court’
2
Q
neutral person
What is meant by mediation?
A
- Neutral person helps them to reach compromise
- Explores their
Important in family cases parties’ position separately and goes back and forth to do this - Usually don’t share their thoughts on an outcome
- Only useful if there is cooperation
- Important in family cases
3
Q
judged by someone (not a judge)
What is meant by Arbitration?
A
- the objective of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense”
- Parties essentially choose to have their dispute judged by someone (not a judge)