ADR Flashcards
what is ADR
alternate dispute resolution
why is ADR being used more
courts are expensive, traumatic, may not lead to satisfactory outcome
what are the different types of ADR
negotiation
mediation
conciliation
ombudsman
arbitration
tribunals
advanatges of ADR
quicker and cheaper
less formal
less complicated
carried out by people with specialist knowledge
disadvanatges of ADR
lack of legal expertise
lack of certainty
decisions can be difficult to enforce
dispute may still end up being resolved
what is negotiation
direct discussion between two parties to find a solution to their dispute, this is done by the parties themselves- first method to use
what are advanatges of negotiation
it can prevent a conflict
saves money
allows parties to tailor the decision to their own needs
what are the disadvantages of negotiation
ethical behaviour
logistics
difficulty finding common ground
what is mediation
completely voluntary they consult each party to deterine if they are willing to reach a compromise, the compromise will only happen if there is a chance of solution can be reached
advanatges of mediation
informal
confidential
quick
diadvanatges of mediation
not compulsory
can be difficult if ether party are withholding information
what is conciliation
independent person helping make a settlement between the parties dispute, they make suggestions about ow to resolve the dispute
advantges of conciliation
legal expert in the dispute field
process is private so no risk to reputation
process is flexible
disadvantages of conciliation
not legally binding
no decision is guaranteed at the end
no legal aid
no appeals
what is arbitration
paper hearing, decision is made by an arbirator and is called an award and binds to all parties
