Alternative dispute resolution

Question 1

What is ADR?

Answer 1

ADR is an alternative to civil courts , the government is keen to promote this as it id more cost effective

Question 2

What are the 4 types of ADR?

Answer 2

• negotiation
• mediation
• conciliation
• arbitration

Question 3

What is negotiation?

Answer 3

• the comments and simplest form
• both parties will directly negotiate with the other party
• informal process

Question 4

What is mediation?

Answer 4

• mediator will act as a neutral third party

Question 5

What is conciliation?

Answer 5

• the use of a conciliator
• has an active role and suggests grounds to compromise on
  -discuss the issue with both parties

Question 6

What is atribtration?

Answer 6

• both parties agree to let their dispute to be left to the decision of the atribation

Question 7

What are the advantages of negotiation?

Answer 7

• no need for lawyers
• can be used at any point
• cheap

Question 8

What are the disadvantages of negotiation?

Answer 8

• may not be successful
• not suitable when hostile
• can take a long time

Question 9

what are the advantages of mediation?

Answer 9

-parties are in control
- an agreement has to be reached
- not likely to be a legal decision

Question 10

What are the disadvantages of mediation?

Answer 10

• no guarantee of decision
  -skilled mediators are needed
• amounts paid are lower

Question 11

what are advantages of conciliation?

Answer 11

• avoids formality of court room

Question 12

what are disadvantages of conciliation?

Answer 12

• no guarantee of a resolution