Notes on the advantages and disadvantages, plus the two types of ADR

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  • Created by: Jem
  • Created on: 18-05-12 07:48

The Advantages of ADR

·         Time: A quicker resolution than litigation

·         Cost: Cheaper than going to court

·         Allows people to get things off their chest

·         Confidentiality

·         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.

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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.

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The Types of ADR

Adjudicative: This is having someone else decide the case.  A decision is imposed on you.

·         Arbitration

·         Tribunals

Consensual: This is doing something by agreement.

·         Conciliation

·         Negotiation

·         Mediation

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Legal Authority

·         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.

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