ADR Flashcards
What is Alternative Dispute Resolution (ADR)?
ADR is the method by which parties to a dispute reach an amicable resolution without resorting to Court or litigation.
What are the two types of ADR?
ADR can be Court connected or non-Court connected.
What are the various methods of ADR?
The various ADR procedures include Negotiation, Mediation, Conciliation, Arbitration, Early Neutral Evaluation, and Hybrids.
What are the advantages of ADR?
Advantages of ADR include being cheaper, faster, promoting reconciliation, encouraging friendliness, being less formal, ensuring privacy and confidentiality, ensuring parties’ right of choice, and reducing the workload of the court.
What are the disadvantages of ADR?
Disadvantages of ADR include less concrete settlement, lack of finality in decisions, difficulty in enforcing judgments, no provision for appeals, unsuitability for emergency situations, and limitations on case types.
What is negotiation in the context of ADR?
Negotiation entails parties discussing and agreeing to terms or reaching a mutually acceptable resolution without a 3rd party.
What are some negotiation strategies?
Negotiation strategies include positional strategy, competitive strategy, win-lose strategy, win-win strategy, and cooperative or problem-solving strategy.
What are some negotiation tactics?
Negotiation tactics include behavioral tactics, take it or leave it, nibble, piecemeal, limited authority, lack of authority, blackmail, contextual manipulation, puffs, threats, and deadlines.
What is mediation?
Mediation is a non-binding dispute resolution mechanism involving a neutral and impartial 3rd party who helps disputing parties reach a mutually agreeable solution.
How is an agreement made during mediation enforceable?
An agreement is enforceable if the terms are reduced to writing and witnessed by counsel, and then filed in court as a consent judgment.
What is conciliation?
Conciliation is a process where a neutral 3rd party meets with disputing parties to explore resolution options, providing opinions on merits if necessary.
What areas are not subject to ADR?
Areas not subject to ADR include matrimonial status declarations, land title declarations, statute/document interpretation, injunctions, grievous criminal offences, enforcement of human rights, judicial review applications, and election petition cases.
