Adr Flashcards
Reform that states party’s can be sent to Adr before court
Wolf reform
Facts of arbitration
- third party - arbitrator
- neutral third party
can pick arbitrator for industry if agree - legally binding - can be appealed - decision called an award
- written - paper arbitration
Lawyers
3 points for role of abitratiom
- Neutral Third parties
- Legally binding and appeal able
- Procedure - voluntary, informal, wolf reform mean sent instead of court. Paper arbitration. Hear evidence come to decision
Advantages to ADR
ALL
Private
Cheaper than court
Quicker
Flexible and in formal
Preserve relationships
Reduce hostility between parties
Disadvantage of ADR
ALL
Lack of formality
Unequal bargaining power
Third party member - cost
Private - accountable
only arbitration is legally binding
No legal aid
No grantee if agreement/ decision
Mediation explained
Impartial third party
Mediator
Cannot suggest
Facilitate parties
Encourage parties to work together
Not legally binding
Conciliation explained
Third party
Proactive role
Make suggestions
Suggest compromise
Not legally binding
Negotiation explained
No third party
Parties speak directly
Disadvantage of arbitration
Expensive - third party
Unfair - no legal aid, parties have representation
Private - held accountable?
Lack of formality
Can damage relationships
Advantages of arbitration
Third party member - can pick neutral more likely to agree
Private
Legally binding award + appealed
Can have representation
Advantages of meditation
Neutral third party - no suggestion
2. Private
Cheap However no legal aid
Preserve relationship
Quicker than court
Disadvantage of mediation
Private
Expensive third party and no legal aid
Not legally binding
No grantee of agreement
Advantages of conciliation
Private
Third party that can surge at and make award more likely
Cheaper than court
Quick
Disadvantage of counciation
Private
Expensive third party
Not legally binding
No grantee of agreement
Advantages of negotiation
Cheapest
Preserve relationship - private
Least formal
