Alternative Dispute Resolution Flashcards
0
Q
- Mediation
A
Employ a 3rd party to relay messages
- mediator can’t offer solutions
- parties must make decision
- not legally binding unless contract signed
1
Q
- Negotiation
A
- 2 parties try and reach agreement
- no 3rd party / lawyers
- amicable, cheap, informal, friendly, quick
- not legally binding or enforceable
2
Q
- Conciliation
A
Employ 3rd party to help reach a compromise
- 3rd party can offer solutions
- quick and potentially cheap
- not legally binding unless agreements signed
3
Q
- Arbitration used in two ways
- formal hearing or by post
A
Both parties agree to abide by decision if person other than judge. Arbitrators usually an expert in the field in dispute, decision can be enforced by court