ALTERNATIVE DISPUTE RESOLUTION

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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
    • 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
    • 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
    • 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
  • 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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