ADR

Question 1

What does ADR stand for?

Answer 1

Alternative dispute resolution

Question 2

Why is ADR encouraged? (4 points)

Answer 2

• court expensive, unpredictable and lengthy
• lack of privacy in open court cases
• parties can maintain relationship
• ADR faster and more flexible

Question 3

What are the 4 types of ADR?

Answer 3

Negotiation, mediation, conciliation, arbitration

Question 4

What is negotiation?

Answer 4

Least formal, cheapest and easiest way to resolve dispute. Used to resolve any kind of civil dispute. Can be formal or informal and take place at any moment

Question 5

What is mediation?

Answer 5

Neutral 3rd party facilitates discussion between parties to reach solution. Mediators don’t give their own options unless asked and decision isn’t legally binding

Question 6

What is conciliation?

Answer 6

Conciliator plays active role in assisting parties to reach compromise. Often used in employment. Parties can withdraw anytime and not legally binding.

Question 7

What is arbitration?

Answer 7

Uses independent arbitrator chosen by parties to make independent decision. Legally binding. Decision made by arbitrator is made with evidence.