Weaknesses Of ADR Flashcards
What can happen due to the decisions not being binding in mediation and conciliation
Parties may not follow through with the resolution
What happens when a party tries to cooperate as much as possible?
They may compromise too much
What happens if there is a more manipulative and stronger party?
Other party may feel intimidated
What happens if there is animosity between the parties
Unlikely to wish to cooperate
What may happen due to the voluntary nature of ADR?
Parties may refuse to attend
What isn’t ADR appropriate for?(2)
Criminal cases or civil cases with large sums of money
What may happen if a decision cannot be reached?
Dispute brought to court which delays resolution
Why do parties make claims on principle
Cases which they think should be known to the public
What doesn’t ADR decision form?
New precedents
What happens if a party feels compelled to reach a resolution?
May feel dissatisfied with the outcome
