Tribunals Amd ADR Flashcards
Negotiation
Negotiation is a direct discussion of differences between parties involved in a family law dispute, in an effort to resolve these issues
Alternative dispute resolution
a process whereby the parties and their legal advisors seek to resolve the dispute by reaching an agreement either through written correspondence or a meeting between all concerned.
Counsel
a barrister or other legal adviser conducting a case
Mediation
intervention in a dispute in order to resolve it with a third party who is neutral
Conciliation
the action of mediating between two disputing people or groups
Arbitration
when arbitration is used, you and the party you’re in dispute with don’t have to meet to discuss the problem again
Tribunal
a body established to settle certain types of dispute.
ACAS
Advisory, Conciliation and Arbitration Service
Respondent
The person who receives the case against them
Mediator
a person who attempts to make people involved in a conflict come to an agreement; a go-between.
Advantages of conciliation
The parties can choose the timing, language, place, structure and content of the conciliation proceedings and is time and cost efficient
Advantages of negotiation
Less expensive
Advantages of mediationn
The parties can tailor their settlement to their particular situation and attend to the fine details of implementation
Advantages of arbitration
there are lower costs and much more quick than court proceedings
Disadvantage of conciliation
it relies on the parties accepting the authority of the conciliator and wanting to achieve a resolution
