Advatages And Disadvantages Of ADR Flashcards
What is an advantage of cost in alternative dispute resolution?
Cases are dealt with more cheaply than in the courts, encouraging parties to represent themselves.
How does cost affect the speed of dispute resolution?
Cases are dealt with quicker, reducing costs and resolving disputes with minimal strain on the parties.
What is a disadvantage of cost in alternative dispute resolution?
Costs can be significant, with skilled mediators and legal representation being expensive.
What is a common issue regarding legal representation in alternative dispute resolution?
Legal aid is not available, which can put one party at an unfair advantage if they use a lawyer.
Legal representation is very common in arbitration.
What is an advantage of speed in alternative dispute resolution?
Disputes are resolved much quicker than in the courts, making the process less stressful.
What is a disadvantage of speed in alternative dispute resolution?
Negotiation, mediation, and conciliation are not compulsory, which may lead to one party not attending.
What is a potential outcome if parties do not cooperate in alternative dispute resolution?
Parties may be forced to attend court, which is costly and lengthy.
What is an advantage of privacy in alternative dispute resolution?
Matters are dealt with in private, avoiding bad publicity and helping to preserve future relationships.
What is a disadvantage of privacy in alternative dispute resolution?
A party may want their ‘day in court’ for maximum bad publicity against a dishonest party.
This is only provided by the court system.
What is the advantage of expertise in dispute resolution?
Expertise increases the chance of reaching a fair settlement.
Who is considered a legal expert in civil court?
A civil court judge is a legal expert but may lack knowledge of specific businesses or activities.
What roles have expert knowledge in dispute resolution?
Mediators, conciliators, arbitrators, and lawyers involved in negotiation have expert knowledge.
What is a potential disadvantage of engaging an unskilled negotiator?
It could result in an unproductive procedure.
What advantage does flexibility and control provide in dispute resolution?
Parties can choose the time, place, and procedure to resolve disputes, fitting their working commitments.
How does flexibility affect the atmosphere of dispute resolution?
It creates a less formal atmosphere, reducing stress and promoting compromise.
What is a disadvantage of the lack of formality in dispute resolution?
There is uncertainty about outcomes and weaker parties may feel pressured to compromise.
What are the implications of no disclosure rules in negotiation, mediation, and conciliation?
Each party may withhold important information.
What might a party desire instead of mediation, conciliation, or negotiation?
A party may want their ‘day in court’ before a judge.
What is a limitation of arbitration compared to court cases?
The ability to appeal an arbitrator’s decision is limited compared to the courts.
