ADR Flashcards
what are the 4 types of ADR
negotiation
mediation
conciliation
Arbitration
what is negotiation
an individual attempts to resolve the issue directly, privately and possibly face to face with the other party
advantages of negotiation
potentially the quickest and cheapest way of settling a dispute as no lawyers or courts involved
disadvantages of negotiation
requires confrontation with other party
if dispute isn’t settled it could go to court which involves costs
what is mediation
where a neutral 3rd party mediator attempts to resolve the issue without giving their opinion
advantages of mediation
both parties are in control of proceedings
based on common sense rather than legal rules
disadvantages of mediation
will only work if both parties cooperate
decisions are not legally binding
what is conciliation
where a 3rd party actively makes suggestions for compromise between the parties in their dispute
advantages of conciliation
actively provides suggestions for resolution
disadvantages of conciliation
decision is not legally binding
can require some costs
what is arbitration
where parties to a dispute refer the case to an independent 3rd party known as an arbitrator to decide
advantage of arbitration
usually included in a contract via a scott v avery clause
decision is legally binding
disadvantage of arbitration
can make the process expensive
advantages of ADR
less formal than courts
quicker and easier to arrange
most decision arent legally enforced
disadvantages of ADR
parties cannot be forced to engage in the process
likely to receive lower compensation than in courts
limited rights of appeal
role of employment tribunals
resolve disputes between employer and employee
hear disputes where employee thinks they have been treated unlawfully via: unfair dismissal discrimination, unfair deduction in pay, or breach of contract
decisions include compensation or reinstatement of employment
