Dispute Resolution

Question 1

What are the three types of ADR?

Answer 1

Facilitative, Advisory, Determinative.

Question 2

Facilitative

Answer 2

• Mediation
• Where an independent third party tries to assist both parties to resolve the dispute
• Can include venting, limited procedural rules, voluntary
• Advantages: empowering,
• Expert determination
• Decision or solution is advisory or provisional
• Not binding
• Differs from mediation because the case appraiser can provide a solution.

Question 3

Advisory

Answer 3

• Conciliation
• Form of mediation that acts under parliament
• If the legal issue revolves around discrimination in the workplace, conciliation is the best way to resolve it.
• Impartial conciliators don’t advocate for either side.
• Some courts and tribunals may require conciliation before trial.

Question 4

Determinative

Answer 4

• Arbitration
• Third party has consent from both parties to make a decision that is legally binding.
• Suitable for: financial matters, property settlement, spousal maintenance.

Question 5

Advantages to ADR

Answer 5

• Litigation is expensive
• Can reach outcomes without trials and court
• More efficient and time-effective
  As parties work through issues, there is the chance of an amicable solution in a win-win situation.

Question 6

Limitations to ADR

Answer 6

• Relative commitment from both parties
• Possible power imbalance between the parties
• Skills and qualifications of the mediator
  Degree of intervention by mediator

Question 7

Tribunals (in relation to ADR)

Answer 7

• Set up to deal with legal disputes as an alternative to the court system
• Less insistent on legal representation
• More relaxed and informal
  Follow doctrine of precedent but tribunals are free to disregard previous decisions