ADR evaluations-arbitration

Question 1

positive points- 4

Answer 1

parties can choose their arbitrator

procedure up to the parties

Privacy

Arbitrator is an expert

Question 2

parties can choose their arbitrator dev

Answer 2

flexibility

Can be an expert

May be known and trusted by the parties making them feel more comfortable with who is sorting their issue

Question 3

parties can choose their arbitrator extra

Answer 3

open to abuse and bias

Question 4

procedure up to the parties dev

Answer 4

choose time, date, place, format- more convenient and can adapt tasks to their own schedules, making it easier to balance multiple responsibilities, such as work, family, and personal activities. This leads to less stress and more autonomy over their time.

Question 5

procedure up to the parties extra

Answer 5

 leads back to lack of structure
lack of structure can lead to confusion, miscommunication, and conflict. Clear roles, expectations, and processes are essential for teams to work efficiently and harmoniously.

Question 6

Privacy dev

Answer 6

preservers reputation for businesses and protects families and their images as bad reps can ruin things
also makes people look more ethical if truth isnt uncovered

Question 7

privacy extra

Answer 7

lack of transparency on the process. Public have the right to know about poor business practices

Question 8

Arbitrator is an expert dev

Answer 8

Parties choose expert in specific area (e.g businesses) may be more knowledgeable than a judge

Question 9

Arbitrator is an expert extra

Answer 9

Not guaranteed- esp if parties pick their own arbitrator
this could cause costly mistakes, legal violations, or unintended consequences that could result from misunderstanding the law.

Question 10

what are the negative points- 4

Answer 10

appeals restricted

 no legal professional

 can be expensive

 precedent does not apply

Question 11

appeals restricted dev

Answer 11

 legally binding outcome- very hard to challenge and appeal even if appeal is unfair- makes it hard to reverse decision if the wrong one is made

Question 12

appeals restricted extra

Answer 12

can be appealed if evidence of bribery or law used incorrectly making it more fair

Question 13

no legal professional dev

Answer 13

arbitrator isn’t legally trained so may not understand complex law
this could cause costly mistakes, legal violations, or unintended consequences

Question 14

no legal profession extra

Answer 14

however is an expert and usually has training on law relating to that area even if not generally legally trained

Question 15

can be expensive dev

Answer 15

 the fees are expensive like up to £1000 a day for London Institute of Arbritraors esp if very expensive if qualified

Question 16

can be expensive extra

Answer 16

usually still cheaper than courts and privacy guaranteed which means things wont get out and ruin reputation

Question 17

precedent does not apply dev

Answer 17

no rules of precedent = no consistency or certainty of outcomes meaning it may be bias depending on what the arbitrator thinks

Question 18

precedent doesn’t apply extra

Answer 18

makes outcomes more flexible and suited to specific issues

Question 19

NOW DRAW OUT INTO A TABLE ONTO A WHITEBOARD AND SUMMERISE

Answer 19

pls