Negotiation&Conciliation

Question 1

What is an advantage of negotiation?

Answer 1

completely private, it is the cheapest and quickest method of settling a dispute

Question 2

What is a potential disadvantage of negotiation?

Answer 2

If lawyers get involved there will be a cost element, the longer the negotiation goes on, the higher the costs will be

Question 3

What do judges in civil courts now do to encourage the use of ADR?

Answer 3

the judges in the civil courts can ask the parties to consider using an alternative dispute method

Question 4

What is conciliation?

Answer 4

Conciliation is similar to mediation in that a neutral third party helps to resolve the dispute but a conciliator will usually play a more active role

Question 5

What will a conciliator be expected to do?

Answer 5

they will be expected to suggest grounds for compromise and the possible basis for a settlement

Question 6

What organisation is used for the conciliation of industrial disputes?

Answer 6

Advisory Conciliation and Arbitration Service (ACAS)

Question 7

What does the Advisory Conciliation and Arbitration Service (ACAS) do for industrial disputes?

Answer 7

can give impartial opinion on the legal position

Question 8

How does conciliation and mediation compare?

Answer 8

Both do not necessarily lead to a resolution , it may be necessary to continue to court again

Question 9

What does the high number of cases settled out of court suggest?

Answer 9

that even once proceedings have commenced, the lawyers for the parties will often continue to negotiate on behalf of their clients