Alternative Dispute Resolutions

Question 1

Negotiation

Answer 1

Process of trying to come to an agreement
It can be verbal or formally written
Lawyers may be present

Question 2

What is one advantage and one disadvantage of Negotiation

Answer 2

+less confrontational
+easiest
-if ppts have a bad relationship then talking civilly may be hard

Question 3

Mediation

Answer 3

Neutral person is used in a dispute to help the parties come to a comprise solution
Mediator is present who listens but does give an opinion

Question 4

What is one advantage and one disadvantage of Mediation

Answer 4

+a civil agreement can be made
+cheaper
+informal and faster
-not binding

Question 5

Conciliation

Answer 5

Processes whereby a third party is appointed as a neutral and unbiased person to help parties in a dispute to achieve a settlement by steering negations towards an amicable conclusion
Conciliator takes a pro active role

Question 6

What is one advantage and one disadvantage of Conciliation

Answer 6

+quicker
+cheaper
-not binding
-if it doesn’t work you have to pay for both the conciliator and court

Question 7

Arbitration

Answer 7

Private arbitration is a way to resolve a dispute without the need for a court case
lawyers are present
legally binding

Question 8

What is one advantage and one disadvantage of Arbitration

Answer 8

+legally binding
+informal
+quicker
-can be very expensive to hire multiple arbitrators