|
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.
|
Comments
No comments have yet been made