Forms of Alternative dispute resoloution Flashcards
What is negotiation?
When you find a solution that makes both parties happy. You discuss and bargain directly with the other side, which can be done through you or a solicitor.
What are the positives of negotiation?
Does not cost you anything if you do it yourself. Quick and informalKeeps both parties happy=maintains relationship The people involved have control over the outcome
what are the negatives of using negotiation?
Can be expensive if you use a solicitorAnd decisions you make aren’t legally binding, so the defendant does not have to stick to it.
What is mediation?
Facilitates and agrees with parties, they are impartial and do not make any suggestions to help you understand each party’s point of view.
What are the postivies of mediation ?
Cheaper and quicker than court
Keeps two people at arms length
The people involved have control over the outcome
what are the negatives of mediation?
You have to pay for the service of the mediator
The decision is not legally binding
What is conciliation?
Have a direct role in controlling discussions and disputes between the two parties, making suggestions for them
What are the positives of conciliation?
Cheaper and quicker than court
Keeps things fair -especially for cases with a power imbalance
Don’t have to come up with all ideas on your own
The people involved have control over the outcome
What are the negatives of concilliation?
Have to pay for services of the conciliator
The outcome is not legally binding
What is arbitration?
An experete who creates decisions that are legally binding through verbal,oral and written disputes
What are the postives of arbitration?
Decision is legally binding
Not free but cheaper
Private and confidential
Parties have control over which arbitrator they want
What are the negatives of arbitration?
Have to pay for arbitrary
May have to pay for lawyer
More expensive than other adr’s
You lose control of the outcome
