evaluation of adr

Question 1

arbitration - what are the strengths and weaknesses

Answer 1

STRENGTHS
- choice
- process is flexible
- privacy
- low cost

WEAKNESSES
- legal point
- formal hearings
- delay
- limited appeal options

Question 2

arbitration - choice

Answer 2

Parties can choose their own arbitrator and can therefore decide whether the matter is best dealt with by a technical expert, lawyer or professional arbitrator.

There is also provision in law for if the sides cannot agree.

Question 3

arbitration - legal point

Answer 3

An unexpected legal point can sometimes arise which a technical expert cannot deal with and this can prolong the case or result in restarting proceedings with a lawyer instead - costing money, time and stress.

Professional Arbitrators also have expensive fees.

counter-point to choice

Question 4

arbitration - process is flexible

Answer 4

The process is very flexible – can be held anywhere, at any time. This can be arranged to suit both parties.

The process is usually much less formal than court.

Flexible procedure – can be formal or informal. Can have witnesses or expert witnesses or not. Can be oral or written submissions

Question 5

arbitration - formal hearings

Answer 5

Formal hearings are generally more expensive and take longer if witnesses and lawyers etc are involved.

counter-point to process is flexible

Question 6

arbitration - privacy

Answer 6

The matter is dealt with privately and there is no public allowed in.
This protects the reputations of the parties and allows disputes to be solved confidentially.

counter-point to delays

Question 7

arbitration - delays

Answer 7

Whilst it is private, the delays for commercial and international cases are almost as long as those in courts. This has resulted in a loss of popularity with companies, shifting a lot of emphasis back to the tax-payer paid courts or other forms of ADR.

counter-point to privacy

Question 8

arbitration - low cost

Answer 8

Arbitration proceedings are usually significantly cheaper than court proceedings and is therefore an obvious benefit to the parties.

The award is also final and can be enforced by the courts

counter-point to limited appeal options

Question 9

arbitration - limited appeal options

Answer 9

The rights of appeal are very limited so if you don’t like the decision you are generally stuck with it whereas in courts there are methods of appeal available.

counter-point to low cost