Chapter 7- Alternative Dispute Resolution and Tribunals Flashcards
What are methods of ADR?
Negotiation
Mediation
Conciliation
Arbitration
When do you use negotiations ?
Personal injury claims
Employment disputes
What are advantages of negotiation ?
Efficient, speed, inexpensive, objectivity, good working relationships, confidential, range of possible solutions , informal, control.
What are disadvantages of negotiation ?
Time wasted if unsuccessful negotiation
If one side is dominant other will be unfairly awarded.
One party represented , unrepresented party at the disadvantage
When do you use mediation ?
Family law matter
Workplace disputes
Some contractual disputes
Advantages of mediation ?
faster, cheaper, more informal, clear and frank view, objectivity, content , non-confrontational atmosphere, legally binding
Disadvantages of mediation ?
No formal legal framework result in weaker party not exploited
If no legal representative - weaker party may be pressurised into agreeing.
When to use Conciliation ?
Similar to mediation
propose compromises and agreements
Used to resolve dispute group of workers
Advantages of Conciliation?
Same as mediation
Solution that neither party had though of
Disadvantages of Conciliation ?
Same as mediation
Solution that neither party had though of
When to use Arbitration?
Technical and scientific matter, accounting disputes etc.
Customer matters - holidays
Commercial disputes
Advantages of Arbitration ?
quicker cheaper informal less adversarial private expert
Disadvantages of Arbitration ?
limited right of appeal
What are Tribunals ?
Deals with problems over cost and delay.
Resolves disputes in specific areas of law.
Who administer Tribunals ?
HM Courts and Tribunals Service
