Unit 1A - ADR

Question 1

Types of ADR

Negotiation

Answer 1

• Usually the first method of dispute resolution, this is direct communication between the parties, one to one.
• This method is often used for low-ley disputes such as dusputes between neigbours, homeowners and tradesman and small dispute between bussinesses
  Key features:
• No third party
• Can be done with or without a solicitior.
• The most informal type of ADR.

Question 2

Types of ADR

Mediation

Answer 2

• Neutral person tries to help parties reach an agreement, therefore acts as a facilitator.
• This method is often used for family disputes and services may be provided by the organistation. Employment matters and Industrial disputes may also be resolved by Mediation.
  Key Features:
• Mediation does not offer an opnion on settlement or compromise.

Question 3

Types of ADR

Conciliation

Answer 3

• Neutral person tries to help parties to reach a compromise solution by ,making suggestions.
  Key Features:
• A resolution to the dispute cannot be forced on them they must agree to it.

Question 4

Types of ADR

Arbitration

Answer 4

• Parties voluntairily submit their dispute to a neutral party who is not a judge.
• Key Feature-
• Agreements to Arbitrate atr governed by the Arbitration Act 1996 and are usually written.

Question 5

Advantage

First Advantage of ADR

Answer 5

• The fist advantage of ADR is cost.
• Lawyers are discouraged in ADR processes and without them some meothods can even be free, for example negotiation.
• This is an advantage because it means that the access to justice is more readily available for those with a dispute who cannot afford to go to court.

Question 6

Advantage

Second Advantage of ADR

Answer 6

• The sped of the process is often quicker than goung to courts, therefore encourgaed by the Courts.
• This is an advatge because this means that the process is efficient and parties can resolve their disputes in a timely manner and return to their day to day life.

Question 7

Advantage

Advantage for ADR point

Answer 7

• The process is very informal.

Question 8

Disadvantgaes

First Disadvantage Of ADR

Answer 8

• Every case in the ADR is decided on the facts and does not follow prececent.
• This is a disadvantge becuase this could then lead to unpredictable results ehich could be considered unfair.

Question 9

Disadvantgaes

Second disadvatge of ADR

Answer 9

• Parties are encouraged not to use legal representatives. However, this could lead to an imbalance between them.
• This is a disadvantge becuase the outcome therefore may be unfair.