ADR Flashcards
Who is involved in negotiation?
Only the parties
What are the four types of ADR?
- Negotiation
- Mediation
- Conciliation
- Arbitration
What are the advantages of negotiation?
- private
- quick
- cheap
Who is involved in mediation?
The Parties with help of a neutral third party
What is the role of a mediator?
To consult each party and see how much common ground is between them. They don’t give opinions
What are the advantages of mediation?
- it’s not legally binding
- 80% of cases are settled
What are the disadvantages of mediation?
- no guarantee the matter will be resolved
- requires a skilled mediator (can be expensive)
What are mediation services?
- centre for dispute resolution (set up in 1991)
- they cost about £1,000-£1,500 a day
Who is involved in conciliation?
The parties and a neutral third party who has a part in suggesting a solution
What’s the main difference between conciliation and mediation?
A conciliator plays a n active role in suggesting a solution. They can give opinions
What are conciliation services?
- advisory conciliation and arbitration services (ACAS)
Who is involved in arbitration?
The parties and a third party to make a binding decision
What are two proceedings in arbitration?
- Courts use an informal process in queens bench division to hear a case
- Parties agree to submit their claims to a private arbitrator
What are advantages of arbitration?
- parties chose this own arbitrator
- times are flexible to suit both parties
- it is private
- it is quick
- it is cheaper
What are the disadvantages of arbitration?
- there is no legal aid
- arbitrator fees can be expensive
- expensive if have a formal hearing
- rights of appeal are limited
- it is legally binding
