Types of ADR (AO3) Flashcards
Why is Cost an advantage of ADR?
Because msot methods of ADR are much cheaper than taking a case to court, so in comparison it is a lot cheaper and more accessible to people with less money
Why is control an advantage of ADR?
Because parties remain in control for most of ADR and can withdraw at any time. Both parties must also agree to any settlement meaning both maintain some power over the outcome (except arbitration)
Why is Agreements an advantage of ADR?
Because it’s less adversarial than court. People may still be able to work together in future as they have compromised on the agreement, so no winner and loser as a court case would decide. (Except arbitration)
Why is Speed an advantage of ADR?
It’s much faster than waiting for a case to be heard in court, matters will often be dealt with far quicker than in court. Such as negotiations may only take a few hours, there is also fewer delays than a court case
Why is No guarantee of Resolution a Disadvantage of ADR?
Because ADR could fail, and the case will have to end up going to court anyway. This would only make the process longer and more expensive
Why is Settlements a Disadvantage of ADR?
Because settlements are often considerably lower than if going to court, so much more money could have been won in court. Other than arbitration, the settlements are not legally binding or enforceable. (Limited routes of appeal following arbitration)
Why is Bullying a Disadvantage of ADR?
Because there could be unequal balance of power, so if an individual of a small party is against a larger business they may be intimidated and end up settling for less than what they deserve. This more often happens in mediation and conciliation
Why is cost a disadvantage of ADR?
Because even ADR can still be expensive. Arbitrators and professional mediators can charge high fees, and some people can’t finance these costs
What are the 4 Advantages of ADR?
-Cost
-Control
-Agreements
-Speed
