ADR

Question 1

what does ADR stand for and what consists of it

Answer 1

alternative dispute resolution

Consist of negotiation and mediation

Question 2

What is negotiation

Answer 2

Individual attempt to resolve the issue directly possibly face-to-face with the other party

Question 3

What are the advantages over litigation (legal)

Answer 3

Quickest cheapest and most informal way of settling a dispute, no court or lawyers are involved

Question 4

what are the disadvantages compared to litigation

Answer 4

• requires confrontation the other party
• If the dispute is not settle the case may go to court which will involve costs and the court may insist parties go back to negotiation before trial

Question 5

Examples of negotiation

Answer 5

• noise caused by neighbours
• returning faulty goods to a shop
• Receiving poor service from a tradesperson

Question 6

What is mediation

Answer 6

Slightly more formal than negotiation but it’s still an in formal method of dispute resolution
-A neutral third party mediator attempts to resolve the issue with both parties without giving their opinion

Question 7

Advantages over litigation for mediation

Answer 7

The parties are still in control of proceedings and decisions
-Based on common sense rather than decisive legal rules

Question 8

Disadvantages compare to litigation for mediation

Answer 8

it will only work if both parties agree and cooperate

• Many decisions may not ultimately be binding on both parties

Question 9

Examples of mediation

Answer 9

Businesses negotiating

Marriage guidance to avoid divorce