Civil Courts: ADR

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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
    • 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
    • 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
      • Company and employees, holidays
      • Flexible
        • Business/individuals can fit around their schedules
        • Less time consuming than court

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