conciliation evaluation

Question 1

what are the 4 positives

Answer 1

conciliator usually an expert

private

flexibility

conciliator can give advice

Question 2

conciliator usually an expert dev

Answer 2

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.

Question 3

conciliator usually an expert extra

Answer 3

but no requirement for them to be legally trained

Question 4

private dev

Answer 4

 private setting- no media, can be good for businesses and reputation pr families

Question 5

private extra

Answer 5

 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

Question 6

flexibility dev

Answer 6

time, date, location all chosen by parties
Increased flexibility- increased engagement

Question 7

flexibility extra

Answer 7

 lack of precision and formality can lead to poor decision making

Question 8

conciliator can give advice dev

Answer 8

 can help parties who are entrenched. Encourages compromise

Suggest outcomes to solve issues

Question 9

conciliator can give advice extra

Answer 9

parties may feel pressured/ obliged to follow the advice the conciliator has given

Question 10

what are the 4 negative points

Answer 10

not legally binding if no agreement reached

too informal

 imbalance of power

 no appeals or legal aid

Question 11

not legally binding if no agreement reached dev

Answer 11

no agreement- no outcome means its worthless as you’ll still have to go to court. waste of time and stress

Question 12

not legally binding if no agreement reached extra

Answer 12

agreement if reached need lawyers which adds to the costs

Question 13

too informal dev