ADR Flashcards
ADR
Alternative dispute resolution
How can ADR be carried out?
- face-to-face talking
- writing
- phone
Who can provide ADR?
- Charities. Relate
- Organisations. ACAS
ACAS meaning
Advisory, Conciliation and Arbitration Service
ACAS
An independent public body that receives funding from the government to provide free and impartial advice to employers, employees and their representatives
Mediation is often used in what kind of disputes?
Family or financial disputes
ADR must be attempted before what?
court proceedings
Where will parties be in mediation?
separate locations
Disadvantages of using a mediator/concilliator
- points can be miscommunicated when parties must use a third party to communicate
What is a mediator?
A neutral person who acts as a facilitator without offering their opinion unless asked to do so
A neutral person who acts as a facilitator without offering their opinion unless asked to do so
Mediator
Parties must use the mediator to do what?
communicate points and opinions in order to reach a compromise
What will not work in a party’s favour?
If the case escalates to court and they have not followed the final decision
Concilliation
- Similar process to mediation, but concilliator has a more active role
- parties still have control over the situations and can withdraw at any time
Why does a concilliator have a more active role than a mediator?
Allowed to engage in discussions and suggest grounds for compromise
