ADR Flashcards
What are the 4 forms of ADR
-negotiations
-meditation
-conciliation
-arbitration
Key features of negotiation
-attempt to agree to settlement
-negotiations conducted by parties
-take place at anytime
Keys features of mediation
-pass information between party
-neutral party helps compromise
-meditator finds common ground and don’t say their view
-work in company or family law
Key features of conciliation
-more active role
-neutral 3rd party to resolve
-suggest grounds for compromise
-ACAS provide services to do with industrial disputes
Key features of arbitration
-judgement of 3rd party
-agreement in writing
-governments by arbitration act 1996
-cheaper and quicker than court
Features of Scott v avery clause
-states that in case of disparate about award matter is referred to arbitration
-parties agree on arbitrator 2 or 3 if not 1
-parties agree on method of appointing
-decision is binding
Advantages of negotiation
-straight foward
-low or no cost
-parties are in control
-relationship preserver
-continued business relationship
Disadvantages of negotiation
-may not be prepared to negotiate
-one of parties may be hostile
-not be prepared to settle due to ego
-court proceedings may be the only way to solve the dispute
Advantages of conciliation and meditation
-cheaper than a court case
-parties have control over concillitatie and process
-future business relationship maintained
Disadvantages of conciliation
-counciliator may force a resolution
-process may not bring a resolution
-result may not be binding on one or both parties
-not binding
Disadvantages of meditation
-may not be willing to participate
-parties may be unwilling to settle due
-not binding
Advantages of arbitration
-cheaper than a court case
-arbitration is qualified and experienced
-arbitrators decision is final and binding
-arbitrators decision can be enforced in court
-Scott v avery clause
Disadvantages of arbitration
-process can be complicated
-more expensive than other ADR
-not suitable process if complicated point of law involved
