ADR methods - Advantages & Disadvantages

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  • Created by: Erin
  • Created on: 14-05-13 10:36

Negotiation

Advantages:

  • Speed
  • Formality
  • Cost
  • Privacy

Disadvantages:

  • Imbalance of power
  • Lack of legal expertise
  • Lack of certainty
  • Enforceability
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Mediation

Advantages:

  • Speed and Convenience
  • Lack of formality
  • Empowerment
  • Cost
  • Expertise
  • Privacy

Disadvantages:

  • Imbalance of power
  • Lack of legal expertise
  • Lack of certainty
  • Enforceability
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Conciliation

Advantages:

  • Pre-active element of conciliator
  • Expertise

Disadvantages:

  • Imbalance of power
  • Lack of legal expertise
  • Lack of certainty
  • Enforceability
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Arbitration

Advantages:

  • Expertise
  • Privacy
  • Convenience
  • Enforceability of the award
  • Informakity
  • Speed
  • Cost
  • Cost-saving to the state

Disadvantages:

  • Lack of legal expertise
  • inconsistencies in decisions
  • Appeals
  • Lack of awareness/popularity
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Tribunals - Advantages

Advantages:

  • Expertise
  • Reasons for decisions
  • Cost
  • Informality
  • Flexibility
  • Speed
  • Privacy
  • Congestion
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Tribunals - Disadvantages

Disadvantages:

  • Influence of chairperson on lay members
  • Lack of avaliability of public funding
  • Appeals procedure
  • Inconsistencies in decisions
  • Publicity
  • Formality
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