Slides in this set
Advantages of ADR
· Process is less formal than court: relaxed less
formal environment (less daunting), use of
lawyers is discouraged, helps maintain good
relationships between parties.
· Privacy: conducted in private, no unwanted
publicity, no media influence, results and what
goes on is kept confidential.
· Choice: can choose time/date/venue, makes
process quicker.…read more
Quicker: eliminates going to court, saves time,
for example pick your own time/date/venue
to your convenience.
· Cheaper: much cheaper than proceeding to
civil courts, most cases do not need a legal
representative lessens the cost, public
funding is available, only certain people are
eligible usually family cases e.g. divorce.
· No need for legal representation:
economically beneficial, quicker + cheaper,
either a messenger between 2 parties or they
resolve it themselves.…read more
Disadvantages of ADR
· Difficulty in enforcing rewards: it is difficult to
enforce an award on a party when using a
method of ADR that is not binding. This is
because the guidelines set do not have to be
followed. A party may then take another route
in order to get the result they want. Could end
up in court anyway waste of time and
Lack of formal precedent reduces certainty:
inconsistencies between cases, uncertainty for
future cases, precedents can be used as a
guideline for future cases of a similar fact, in
ADR there are no precedents so you don't
know how your case will end up.
· Lack of legal representation: one shotter v
repeat player! Many accept an offer of
compensation below what they deserve, large
company could be very intimidating.…read more