ADR

Question 1

negotiation

Answer 1

parties themselves

Question 2

mediation

Answer 2

those in dispute get help from third party= fascilitate a compromise

Question 3

conciliation

Answer 3

independent third party plays an active role suggesting a. solution

Question 4

arbitration

Answer 4

parties allow third party to make judgement over their dispute = binding

Question 5

negotiation advantages

Answer 5

cheap ( no lawyers)
direct approach - face to face letter or email- no one else involved
preserves relations
used at any point before court

Question 6

negotiation disadvantages

Answer 6

need to be on speaking terms, time wasted if not worked, hard to enforce decision

Question 7

describe mediation

Answer 7

neutral mediator consults each party to find common ground . acts as fascillitatir but doesn’t give an opinion. parties can be in diff rooms. parties can withdraw , no guarantee it will work
MINI TRIAL:
presenting cases to a panel, executives decide

Question 8

mediation advantages

Answer 8

private
select a mediator = legible
cheaper
less stressful
maintain relationship= encourages corporation
parties can withdraw
decision= common sense compromise not law
good success rate of 80%

Question 9

mediation disadvantages

Answer 9

need goodwill on both sides
if failed = time wasted
hard to enforce
expensive
mediator lacks competence
smaller amount received than if thru court

Question 10

brief description of conciliation

Answer 10

active role, suggests ways to solve
ACAS= employment disputes
parties must agree, decisions can’t be imposed
no guarantee of solutions

Question 11

conciliation advantages

Answer 11

private,
chose own conciliator= flexible
wuicker, cheaper less stressful
encourages cooperation
can withdraw
common sense not law

Question 12

disadvantages of conciliation

Answer 12

needs goodwill, waste of time, hard to enforce, expensive, smaller amount received than court

Question 13

describe arbitration

Answer 13

Governed by abit ration Act 1996.
Both parties voluntarily agree for a neutral third party to make a binding decision over their dispute.
Arbitrator can be chosen or named by court
process can be agreed by both parties ie court date
courts refuse cases w. a Scott V Avery clause
can be formal hearing like a hearing or informal gia paper
final result is an award = enforceable
can be appealed due to irregularities in proceedings or law error
Eg holiday and insurance companies= private

Question 14

advantages of arbitration

Answer 14

private, experts used can be selected,
flexible, cheaper. less stressful, bonding, award can be appealed

Question 15

advantages of arbitration

Answer 15

private, experts used can be selected,
flexible, cheaper. less stressful, bonding, award can be appealed

Question 16

arbitration disadvantages

Answer 16

disadvantage with big businesses= intimidated
no legal aid
if point of law involves> high court = more costs and delay
very expensive
no appeal unless on point of law or serious irregularity