ADR

Question 1

8 marks Mediation

Answer 1

Third party
Helps to resolve dispute between two parties.
Less active role than conciliation.
Paid choice of mediator.

Question 1

Mediation case

Answer 1

Halsey

Question 2

8 marks Conciliation

Answer 2

Third party
Helps to resolve dispute between two parties.
More active role than mediation.
Paid choice of mediator.

Question 3

12 marks advantages mediation and Conciliation

Answer 3

Informal
Choice of mediator
Less stress
Cheaper
Encourage communication
Maintain working relationship

Question 4

12 marks disadvantages mediation and Conciliation

Answer 4

Still paid regardless of outcome
Wasted time
Bias
Unsure on mediator’s expertise
Compulsory arrival
Not legally binding

Question 5

8 marks negotiation

Answer 5

Money to resolve dispute
Set fixed payment
Defendant will pay claimant
Typically ends dispute

Question 6

Negotiation case

Answer 6

Fenty

Question 7

12 marks Negotiation Advantages

Answer 7

Quicker
Saves money
Saves stress
Both parties agree so satisfied
Claimant gets remedy
Stop winner/looser mentality

Question 8

12 mark Negotiation Disadvantages

Answer 8

Not legally binding
No real justice
Does not work for all cases
Can be unsuccessful
Damage relationship further
Bad reputation if unsuccessful

Question 9

8 marks Arbitration

Answer 9

Private trained arbitrator
Paid for
Hears both parties, evidence and then make decision
Legally binding

Question 10

Arbitration case

Answer 10

Scott

Question 11

12 marks Arbitration Advantages

Answer 11

Legally binding
Private
Saves time
Saves extra fees
Saves stress of court
Flexibility of arbitrator

Question 12

12 marks Arbitration Disadvantages

Answer 12

Formal
Bias
Injustice or unfair decision
Difficult to appeal
Unable to know true expertise of arbitrator
Does not encourage cooperation