ALTERNATIVE DISPUTE RESOLUTION
- Created by: hayden Francis
- Created on: 13-05-14 08:38
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- ALTERNATIVE DISPUTE RESOLUTION
- Conciliation
- Advantages
- Cheaper than litigation
- Entirely private
- Good success rate
- Helps resolve a dispute but plays a more active role than a mediator
- Disadvantages
- May not lead to a settlement
- Put pressure on claimants to settle in employment cases and mean that they might accept a lesser settlement than a tribunal would award
- Advantages
- Arbitration
- Disavantages
- Fees can be high, so may be as expensive as courts
- No state funding for arbitration
- Cause delays similar to those experienced in the court system
- Parties agree to have their dispute heard by a private arbitrator who will make a binding decision
- Advantages
- Parties can choose their own arbitrators
- Binding and can be enforced by courts
- Quicker than court proceedings
- Can be cheaper than courts
- Disavantages
- Mediation
- Advantages
- Parties reach own agreement, more effective than settlements that are forced on them
- Cheaper than courts
- Discuss disputes with a neutral third party known as a mediator. Mediator does not disclose their own opinion
- Disadvantages
- Process may not lead to a settlement
- Process not a legal binding
- Advantages
- Negotiation
- Discuss issues and compromise or make a decision about how the issues can be resolved
- Advantages
- No cost
- Very Informal
- Private
- Disadvantages
- Parties involved may not be able to make a decision or compromise
- Conciliation
- Negotiation
- Discuss issues and compromise or make a decision about how the issues can be resolved
- Advantages
- No cost
- Very Informal
- Private
- Disadvantages
- Parties involved may not be able to make a decision or compromise
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