EXAM- ADR methods

Question 1

Judicial determination

Answer 1

When parties take a legal dispute to court for judicial ruling

Question 2

Name a strength and weakness for judicial determination

Answer 2

Strength: more easily enforceable
Weakness: high cost

Question 3

Mediation

Answer 3

When a third party helps the disputing parties to an agreement through maintaining open communication. Doesn’t tell parties how to resolve dispute

Question 4

Conciliation

Answer 4

When a third party helps the parties to come to an agreement by giving suggestions

Question 5

Name a strength and weakness for mediation/conciliation

Answer 5

Strength: less confrontational
Weakness: one party may be more dominant

Question 6

Arbitration

Answer 6

When a third party decides a case after attempts to persuade parties to an agreement

Question 7

Name a strength and weakness of arbitration

Answer 7

Strength: binding
Weakness: can be delays