The Advantages of ADR
· Time: A quicker resolution than litigation
· Cost: Cheaper than going to court
· Allows people to get things off their chest
· ADR offers privacy to the parties, in contrast to court.
· The parties have more control
· The procedure is more flexible than court
· The procedure and the issues raised are likely to be less complex than a court hearing.
The Disadvantages of ADR
· It may be necessary to go to court if it fails
· Failure to agree can lead to cost
· It can lead to settlement ‘at the door of the court’
· Legal Aid isn’t available for ADR
· An unexpected legal point could come up
· Formal hearings can be expensive, especially if witnesses and lawyers are involved
· Rights of Appeal are limited
· The delays for commercial and international arbitration may be as long as those in courts if professional arbitrators and lawyers are involved.
The Types of ADR
Adjudicative: This is having someone else decide the case. A decision is imposed on you.
Consensual: This is doing something by agreement.
· ACAS: Advisory Conciliation and Arbitration Services. They offer Conciliation in employment cases and aim tom improve working life through better employment relations.
· PCC: Pre-Claim Conciliation. Introduced in April 2009 as a chance to resolve disputes before a claim is made. The PCC manage to avoid claims in 2/3 of cases, and 94% of cases are helped to a resolution.