BPTC RODOC REVISION TEST (advantages & disadvantages of methods of ADR)

  • Created by: anto101
  • Created on: 22-08-18 14:38
EXPERT DETERMINATION ADVANTAGES PRIVACY
The dispute is resolved between the parties without anyone else even being aware of its existence.
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EXPERT DETERMINATION ADVANTAGES SPEED
The dispute could be resolved in as little as 30 days.
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EXPERT DETERMINATION ADVANTAGES CHOICE
The parties can choose an expert who understands the problems, thus often avoiding the need to appoint separate experts.
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EXPERT DETERMINATION ADVANTAGES BINDING
The dispute will be resolved without appeal. The appointed expert’s determination forms a binding contract, and the courts are very reluctant to interfere with the expert’s decision. Fraud and manifest error are exceptions.
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EXPERT DETERMINATION ADVANTAGES IMPARTIALITY
The expert is required to act fairly and to give each party the opportunity to make representations to the expert, and to respond to representations made by the other side.
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EXPERT DETERMINATION ADVANTAGES RELATIONSHIPS
After a long and hard fought court case the parties are unlikely to want to do business together, ever again. Expert determination is a technical process that is far less likely to destroy business relationships.
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EXPERT DETERMINATION DISADVANTAGES JURISDICTION
The expert cannot go beyond the jurisdiction specified in the contract
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EXPERT DETERMINATION DISADVANTAGES DETERMINATION
The expert determination is not supported by statute
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EXPERT DETERMINATION DISADVANTAGES EVIDENCE TESTING
No testing of evidence or assertions
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EXPERT DETERMINATION DISADVANTAGES POWERS
The expert's powers are limited
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EXPERT DETERMINATION DISADVANTAGES APPEALS
Limited opportunities for appeal
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EXPERT DETERMINATION DISADVANTAGES ENFORCEMENT
The expert's determinations must be enforced by commencing court proceedings
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EXPERT DETERMINATION ADR EXPECTATIONS
It is not a legal requirement to have an expert determination
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ADVANTAGES OF ARBITRATION SELECTION
The parties can agree on an arbitrator with relevant expertise in the matter
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ADVANTAGES OF ARBITRATION INFORMALITY
Arbitration is comparatively informal
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ADVANTAGES OF ARBITRATION SPEED
Speed, although this depends very much on the manner in which the arbitrator conducts the arbitration
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ADVANTAGES OF ARBITRATION DECISIONS ENFORCEABLE
The arbitrator's award can be enforced as a judgment of the court
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DISADVANTAGES OF ARBITRATION COSTS
The parties must bear the costs of both the arbitrator and the venue
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DISADVANTAGES OF ARBITRATION FORMALITY AND SPEED
Sometimes arbitration simply mimics court processes and so you do not get the advantage of informality and speed
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DISADVANTAGES OF ARBITRATION POWERS LIMITATION
Limited powers of compulsion or sanction if one party fails to comply with directions of the arbitrator, which can significantly slow down the process
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DISADVANTAGES OF ARBITRATION INTERIM MEASURES
The arbitrator has no power to make interim measures, such as for the preservation of property
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DISADVANTAGES OF ARBITRATION APPEAL LIMITATIONS
Limited appeal rights
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ADVANTAGES OF MEDIATION INFORMALITY
Informal process
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ADVANTAGES OF MEDIATION ANYTIME
Can be initiated at any time as agreed between the parties
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ADVANTAGES OF MEDIATION MAINTENANCE OF RELATIONSHIPS
Allows commercial relationships to be maintained during and after the dispute
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ADVANTAGES OF MEDIATION FLEXIBILITY
Parties can reach agreement incorporating flexible approach to outcomes
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DISADVANTAGES OF MEDIATION NO AGREEMENT
If the parties do not agree, there is no outcome and the mediation has failed
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DISADVANTAGES OF MEDIATION POWERS OF MEDIATOR
The mediator has no power to order the parties to do or to refrain from doing anything
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DISADVANTAGES OF MEDIATION INFORMATION SHARING
Information may be 'given away' in the process
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ADVANTAGES OF NEGOTIATION flexibility
There is flexibility
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ADVANTAGES OF NEGOTIATION COST EFFECTIVE
Negotiation is a cost effective soluction
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ADVANTAGES OF NEGOTIATION CONTROL OF OUTCOME
The parties have control over the outcome of negotiation
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ADVANTAGES OF NEGOTIATION CONTROL OF THE PROCESS
The parties can control the process to be followed in the negotiation
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ADVANTAGES OF NEGOTIATION SPEED
Negotiation can be a quick resolution
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DISADVANTAGES OF NEGOTIATION ANALYSIS
The case research and analysis may not be particular thorough
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DISADVANTAGES OF NEGOTIATION NEGOTIATION SKILLS
The outcome of the negotiation can be affected by the skill of the negotiators
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DISADVANTAGES OF NEGOTIATION WEAK OUTCOMES
The agreement of a negotiation needs to be clear in order for it to be enforceable
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DISADVANTAGES OF NEGOTIATION CONFUSION IN PROCESS
As there are no set requirements in regards to the process it can become confusing and other elements such as part 36 offers etc may disrupt or confuse the process
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DISADVANTAGES OF NEGOTIATION ENTRENCHED PARTIES
Parties may be entrenched in what they want the outcome to be making negotiation difficult
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ADVANTAGES OF EARLY/NEUTRAL EVALUATION TIMING
Early/neutral evaluation can be completed very early on and may prevent the need for further action
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ADVANTAGES OF EARLY/NEUTRAL EVALUATION TEST SUCCESS
An expert can give a good indication of the issues, the possible remedies and the chances of success of a case in litigation
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ADVANTAGES OF EARLY/NEUTRAL EVALUATION SPEED
It can be considerably less time consuming
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DISADVANTAGES OF EARLY/NEUTRAL EVALUATION
The parties may not be able to agree the matters in dispute
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OFFER AND ACCEPTANCE PART 36
PART 36 Offers are binding and remain confidential save as to costs
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Other cards in this set

Card 2

Front

EXPERT DETERMINATION ADVANTAGES SPEED

Back

The dispute could be resolved in as little as 30 days.

Card 3

Front

EXPERT DETERMINATION ADVANTAGES CHOICE

Back

Preview of the front of card 3

Card 4

Front

EXPERT DETERMINATION ADVANTAGES BINDING

Back

Preview of the front of card 4

Card 5

Front

EXPERT DETERMINATION ADVANTAGES IMPARTIALITY

Back

Preview of the front of card 5
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