ADR Meathods Flashcards
Ombudsman
A person who investigates unresolved complaints with organization specialist ombudsman.
Award compensation
No cost
Cannot enforce recommendations
Negotiation
Direct discussion between parties to try and find a solution to disputes
Often conducted between themselves
Solicitors can negotiate settlements
Mediation
Involves impartial third party who listens and directs discussion
Does not suggest outcomes
Conciliation
Third party
Actively make suggestions and discuss solutions
Exsample
Industrial/ employment disputes
Arbitration
Formal resolution
Third party acts as a judge
Exsample
- attribution act 1996
Cases suitable in mediation
Family law act 1996
Divorced procedures
Company disputes
Negligence claims
Cases not suitable for mediation
No continuing relationtion between parties
Imbalance of power
Broken promises
Overwhelming emotions