ADR Meathods Flashcards

1
Q

Ombudsman

A

A person who investigates unresolved complaints with organization specialist ombudsman.

Award compensation

No cost

Cannot enforce recommendations

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2
Q

Negotiation

A

Direct discussion between parties to try and find a solution to disputes

Often conducted between themselves
Solicitors can negotiate settlements

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3
Q

Mediation

A

Involves impartial third party who listens and directs discussion
Does not suggest outcomes

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4
Q

Conciliation

A

Third party
Actively make suggestions and discuss solutions

Exsample
Industrial/ employment disputes

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5
Q

Arbitration

A

Formal resolution
Third party acts as a judge

Exsample
- attribution act 1996

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6
Q

Cases suitable in mediation

A

Family law act 1996
Divorced procedures
Company disputes
Negligence claims

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7
Q

Cases not suitable for mediation

A

No continuing relationtion between parties
Imbalance of power
Broken promises
Overwhelming emotions

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