conciliation evaluation Flashcards
what are the 4 positives
conciliator usually an expert
private
flexibility
conciliator can give advice
conciliator usually an expert dev
expert in specialist area- usually with legal training on that area e.g ACAS and employment law meaning they can quickly identify key issues, potential risks, and solutions, saving you time and resources.
conciliator usually an expert extra
but no requirement for them to be legally trained
private dev
private setting- no media, can be good for businesses and reputation pr families
private extra
lack of transparency - if its morally incorrect consumers should be aware (if its a business) so they know what they’re buying their goods from and can have a choice
flexibility dev
time, date, location all chosen by parties
Increased flexibility- increased engagement
flexibility extra
lack of precision and formality can lead to poor decision making
conciliator can give advice dev
can help parties who are entrenched (not going to change). Encourages compromise
Suggest outcomes to solve issues
conciliator can give advice extra
parties may feel pressured/ obliged to follow the advice the conciliator has given
what are the 4 negative points
not legally binding if no agreement reached
too informal
imbalance of power
no appeals or legal aid
not legally binding if no agreement reached dev
no agreement- no outcome means its worthless as you’ll still have to go to court. waste of time and stress
not legally binding if no agreement reached extra
agreement if reached need lawyers which adds to the costs
too informal dev
may not take process seriously or stick to outcome
too informal extra
informal nature can be comforting and reduce stress/ anxiety
imbalance of power dev
stronger party intimidate and bully weaker party into agreeing to outcomes they don’t want
imbalance of power extra
conciliator can monitor this
no appeals or legal aid dev
agreements can’t be appealed and once signed
no appeals or legal aid extra
lack of legal aid means parties pay themselves
