Civil Courts: ADR
- Created by: evemorrison
- Created on: 07-11-18 09:26
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- ADR
- Negotiation
- Parties deal with each other directly
- Only worksif parties can co-operate
- Neighbours and boundary fences
- Inexpensive
- Lots of communication options
- Lawyers may get involed anyway; further costs
- Only involves the two parties
- Parties deal with each other directly
- Mediation
- Solution found with help of third party
- Third party helps to find common ground between parties
- Paties are in a lot of control
- Only works if parties can co-operate
- Contracts, family cases
- Not legally binding
- Deals with sensitive and complex issues without legal help
- Conciliation
- Parties choose time and place
- Fit with schedule
- Conciliator = neutral third party
- Conciliator suggests compromises and solutions
- Conciliator plays active role
- Parties may not like constant intervention
- Couples not on speaking terms
- Parties choose time and place
- Arbitration
- Scott v Avery 1855 Clause
- Legally binding
- No appeals
- Arbitrators not always right, difficult to address issue
- Arbitrator expert in field
- Arbitrator not legally trained
- May not know how to handle point of law
- Private and confidential
- Avoids unwanted media attention
- Reputation of businesses/individuals
- Avoids unwanted media attention
- Company and employees, holidays
- Flexible
- Business/individuals can fit around their schedules
- Less time consuming than court
- Negotiation
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