ADR

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  • Created by: kitomulo
  • Created on: 11-02-18 20:52

ADR

Advantages

  • Cases are dealt with more CHEAPLY as parties are encouraged to represent themselves and not use lawyers therefore this makes arbiration mush cheaper than a court case.
  • ADR can be a short process.
  • Procedures in ADR are less formal as parties are encouraged to present their own case without lawyers.
  • A mediator, conciliation or arbitration has EXPERTISE in the relevant area therefore they have a greater understanding of the issues in the case.
  • ADR takes place PRIVATELY meaning there's no publicity.
  • No losers as ADR only produces winners as a compromise favorable to all is reached.

Disadvantages

  • Legal aid funding is not available for ADR and usuallt the claimant isn't legally represented which puts the other party at an unfair advantage as they may use a lawyer.
  • There's an UNCERTAIN OUTCOME as ADR doesn't always produce a definite outcome and there could be more delay if the opposite party use another method of ACR or go to court.
  • ADR relies on both parties wanting to compromise which isn't always the case when antagonizing and being bitter towards each other.
  • There could be a delay in arbitration as if professional arbitrator and lawyers are used there can be a large volume of cases. Also negotiation can last a while.
  • There's a lack of precedent to follow when trying to predict the outcome of ADR.
  • There are limited rights of appeal with ADR. Under section 68 of arbitration Act 1996.

Evaluation

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