ALTERNATIVE DISPUTE RESOLUTIONS

Question 1

Negotiation

Answer 1

• parties try to settle the disputes by discussing it between themselves.
• aim is to reach a compromise.
• may be done by parties themselves or via their lawyers or in music/sport industries, their agents.

Question 2

Ads of Negotiation

Answer 2

• cheap, no need for lawyers.
• can be used at any point up until trial.
• both parties can achieve satisfaction, allows positive relationships to continue.

Question 3

DisAds of Negotiation

Answer 3

• many people “bluff” during negotiation, often settling on the day of trial thus having wasted time and money.
• some people may lack legal expertise when negotiating thus may not achieve fair settlement.
• some people are better “negotiators” then others thus meaning a fair settlement is not achieved.

Question 4

Mediation

Answer 4

• a neutral person helps parties reach a compromise by acting as facilitator.
• does not offer any opinions on the case.
• mainly used in relationship situations.

Question 5

Conciliation

Answer 5

-the neutral person is allowed to play an active role and suggest possible resolutions to parties.

Question 6

Ads of Mediation and Conciliation

Answer 6

• decisions can be based on commercial sense and compromise rather than strictly by law.
• avoids the adversarial confrontational nature of a court room.
• everyone can feel like a winner.

Question 7

DisAds of Mediation and Conciliation

Answer 7

• no guarantee the matter will be resolved and often time and money is wasted on a process that doesn’t resolve the dispute.
• relies on a “skilled and neutral mediator” and there is no guarantee that this will happen.
• the amounts agreed in mediation are often less than a claimant would have won in a trial.

Question 8

Arbitration

Answer 8

• both parties voluntarily agree to have their dispute solved by a specific neutral arbitrator or panel of arbitrators.
• often experts in the industry relevant to the arbitration.
• governed by the Arbitration Act 1996.

Question 9

Ads of Arbitration

Answer 9

• usually cheaper and quicker than going to court.
• conducted in private so a company’s legal matters stay out of the public eye.
• the arbitrator will be chosen by the parties.

Question 10

DisAds of Arbitration

Answer 10

• no legal aid available and the cost of an arbitration hearing can be high.
• it may not work and is not suitable in every type of dispute.
• obtains an arbitrator and setting a mutually convenient date for a hearing may incur a delay.