AS LAW OCR UNIT 1 ADR
Main points on the four alternative methods of dispute resolution (ADR)
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- Created on: 04-02-15 10:06
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- ADR
- Negotiation
- A quick confidential & cost effective way of settling disputes
- if lawyers become involved in agreeing an 'out of court' settlement, it can make process lengthy & costly
- useful in small scale disputes
- Proceedings held in private and it is les formal
- It only works if parties are willing to cooperate.
- A quick confidential & cost effective way of settling disputes
- Mediaton
- Neutral mediator helps parties to reach a compromise solution
- Mediator consults with each party, explore needs of parties and carrying offers to and thro.
- Makes it easier for companies to continue doing business
- High number of cases solved through mediation. Over 80%
- Amounts paid in mediation are often lower than amounts agreed
- Makes it easier for companies to continue doing business
- Mediator consults with each party, explore needs of parties and carrying offers to and thro.
- Neutral mediator helps parties to reach a compromise solution
- Arbitration
- Dispute referred to independent third party
- Expert (third party) desides outcome and makes an 'award'
- Arbitrators decision is final and binding.
- Limited right of appeal to high court if there were irregularities
- The hearing is more informal than in court but arbitrators may act as a judge
- Expert (third party) desides outcome and makes an 'award'
- Dispute referred to independent third party
- Negotiation
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