eval of ADR overall Flashcards
what are the 4 positive points
quicker and cheaper, as many ADR don’t need legal rep
done in private
schemes are carried out by people with specialist knowledge related to the area of dispute
aims to provide a solution that keeps both parties satisfied
quicker and cheaper, as many ADR don’t need legal rep dev
This may relieve stress of parties as don’t have extra costs that may put parties off or add to worries
quicker and cheaper, as many ADR don’t need legal rep extra
may not take it seriously as might view it as just a casual conversation rather than a structured process with real consequences
done in private dev
this is good so disputes don’t get out protecting public image
done in private extra
lack of transparency
schemes are carried out by people with specialist knowledge related to the area of dispute dev
can choose someone who is qualified and has a lot of knowledge and experience in the sector.
they would be able to trust them because they would have been able to understand what would be best in their situation allowing the best outcome for the parties to happen so the outcome also may be more knowledgeable than a judge
schemes are carried out by people with specialist knowledge related to the area of dispute extra
there’s no requirement for these people to be legally trained so may not know the law as well
aims to provide a solution that keeps both parties satisfied dev
compromise needed to help reach a common groundand helps parties let go of entrenchment
aims to provide a solution that keeps both parties satisfied extra
could potentially lead to resentment
what are the 4 negatives
lack of legal expertise
lack of certainty
may still end up needing to go to court if no agreements are reached
legal aid is available for ADR
lack of legal expertise dev
may not know areas of the law so could lead to misapplication of the law
or solutions that don’t comply with legal standards
lack of legal expertise extra
could lead to costly and serious mistakes
lack of certainty dev
each case is settled on its own merits so does not follow the rules of precedent so may be inconsistency or third party bias
lack of certainty extra
but outcome may be more better tailored towards the case
may still end up needing to go to court if no agreements are reached dev
overall more time is wasted and possibly more money spent
may still end up needing to go to court if no agreements are reached extra
Going through ADR can feel emotionally draining, especially if you go in hoping for closure.
If it fails, people often feel let down or angry, which can make the court process even more tense or hostile.
no legal aid dev
Legal aid helps people understand their rights. now what’s fair, pot if someone’s trying to take advantage of them etc
Without it, people might agree to bad deals, not know what questions to ask or what to look out for etc
no legal aid extra
one party might have access to private lawyers or legal knowledge while the other doesn’t creating a power imbalance.
The more informed party may manipulate or pressure the other into an unfair agreement
