ADR Flashcards
what role does a mediator play in despite resolution
facilitates communication parties reach a mutual agreement
which form of ADR involves a neutral third party making a binding decision
arbitration
what is conciliation typically used for
workplace disputes
what is negotiation
trying to resolve a problem directly with the other person
only involves the parties themselves can be done face-to-face
involves a compromise by one or both sides
what is negotiation
trying to resolve a problem directly with the other person
only involves the parties themselves can be done face-to-face
involves a compromise by one or both sides
strengths of negotiation
no one ‘loses’ can meet halfway
relationship protected
free
private
can choose method
weakness of negotiation
not enforceable
since to compromise, may get less
not reach an agreement
what is mediation
mediator helps parties to reach a compromised solution, consults with each party and explores the position of each carrying offer to and fro
mediator acts impartially does not give own opinion
evaluates the situation to aid the end of disputes
strengths of mediation
decisions need not to be a legal one but based on common-sense
avoids advisable conflict of the court
weakness of mediation
no guarantee the matter will be resolved
settlement amounts are lower than amounts awarded by the courts
what is conciliation
suggests grounds for compromise and the possible bias for a settlement
like a mediator however the main difference is a conciliator usually has more of an active role
strengths of conciliation
neutral third party suggest compromised solution
confidential
weakness of conciliation
does not always guarantee an end of dispute and may continue with a court action
what is arbitration
most formal ADR method and can be like a mini court case
expert in the field of dispute, rather than legal expert
the arbitrator will make final decision on the dispute known as an award
strengths of arbitration
parties may choose their own arbitrator - decide weather the matter is best dealt by technical expert, a lawyer or professional arbitrator
matter is dealt in private
cheaper than going to court
award can be enforced through courts
weakness of arbitration
if professional arbitrator is used, may be expensive
right to appeal are limited
delays - if a professional arbitrator and lawyer are used, as greater delay of those in court
