Alternative Dispute Resolution Flashcards
What is ADR
ADR is a method or resolving an issue without having to go to court
Why do some people use ADR instead of civil courts
- Many matters are minor troubles so would be a waste of Legal Time
- ADR can be used to resolve disputes while maintaining relationships and can be quick and efficient
What are the 4 types of ADR
Arbitration
Mediation
Negotiation
Conciliation
What are advantages of ADR
- Speed – saves time, no witnesses, no having to explain technicalities to the judge.
- Privacy – ADR is private, no publicity which could ruin a business’ reputation, along with maintaining relationships
- Cheaper – no court fees or solicitor’s fees as parties choose their own representative/3rd Party. Every case resolved by ADR saves the government money too
- Flexible procedure – parties choose their method of ADR which they want and whether it is formal or informal, the hearings time and places are also flexible
Why does ADR tend to be cheaper than going to court
There is noo court fees or solicitor’s fees as parties choose their own representative
Every case resolved by ADR saves the government money too along with the 2 parties
What are disadvantages of ADR
- Dishonesty - There is no legal confirmation that a party must pay the other party, because it is an informal settlement meaning there is no legal necessity
- No guarantee - There is not always a final decision made in ADR (e.g negotiation), both parties may not accept their wrongs, meaning it can be difficult to reach a conclusion
Why is Court action always the last resort
Court action is a finalising point in any dispute.
It shouldn’t be used when a dispute can easily be dealt with in any other civil way
Why are Lawyers not often involved in Negotiation as a form of ADR
Bringing in Lawyers is costly
It removes the civil factor of negotiation and causes it to become more formal
