Section B ( Civil courts ADR)

Question 1

what is ADR?

Answer 1

ADR stands for alternative dispute resolution; it refers to different processes of settling down a dispute without using courts.

Question 2

types of ADR

Answer 2

there are 4 types of ADR.
1- Negotiation
2-conciliation
3-mediation
4-artribration

Question 3

what is negotiation?

Answer 3

negotiation involves settling down the dispute with the parties directly, which means the two parties who are having dispute would solve it face to face without a legal help as the dispute can be solved privately.

Question 4

advantage and disadvantages of negotiation

Answer 4

1-can be conducted by parties themselves however it may not be successful resulting in other ADR or court proceedings.
2- it could be cheap if the parties resolve the dispute however if it keeps failing it could take longer

Question 5

what is mediation?

Answer 5

mediation involves a third party acting as ‘referee’ and it is particularly popular in family cases e.g., family act 1996, modern methods of mediation involve online mediation and mediation centres, mediator cannot suggest ways to compromise the parties must be encouraged to come to their own decisions.

Question 6

advantages and disadvantages of mediation.

Answer 6

1- it is a good alternative to lengthy and expensive court proceedings however it could take longer time in some cases
2- mediator is independent and mediator will be agreed by parties however it is not legally binded.

Question 7

what is conciliation?

Answer 7

it is similar to mediation, that involves a neutral party help resolve the dispute, but the main difference is that conciliator takes a active role, if conciliation fails the case may end up going to court anyway resulting in greater costs.

Question 8

advantages and disadvantages of conciliation

Answer 8

1- private and confidential however it heavily relies on the skills at the conciliator
2- identifies and clarifies the main issue however the issue may end up going to court anyway if conciliation fails.

Question 9

what is arbitration?

Answer 9

arbitration involves an arbratrator is a third party who the parties have appointed to resolve the dispute. arbitrator will be a specialist in this field where the dispute arises , it is governed by arbitration act 1996.

Question 10

advantages and disadvantages of arbitration

Answer 10

1- you can choose your own arbitrator however the fees might be expensive.
2- hearing time and place can be arranging to suit both parties however there could be delays especially in commercial arbitration.