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

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  • Created by: anto101
  • Created on: 22-08-18 14:38

1. EXPERT DETERMINATION ADVANTAGES SPEED

  • 30 days is the maximum permitted time to resolve the issue
  • It takes a minimum of 60 days
  • The dispute could be resolved in as little as 30 days.
  • Proceedings must first be entered after 30 days
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2. DISADVANTAGES OF MEDIATION INFORMATION SHARING

  • Information may be 'given away' in the process
  • Information must never be 'given away' in the process
  • Information will never be 'given away' in the process
  • Information must be 'given away' in the process

3. ADVANTAGES OF ARBITRATION SPEED

  • Arbitration MUST be completed within seven days
  • Speed, although this depends very much on the manner in which the arbitrator conducts the arbitration
  • A minimum of 365 days must pass for arbitration to be complete
  • Arbitration by nature is a lengthy and cumbersome process

4. ADVANTAGES OF EARLY/NEUTRAL EVALUATION TIMING

  • Early/neutral evaluation can be completed very early on and may prevent the need for further action
  • It can only be done after negotiation
  • It can only be done during mediation
  • can only be permitted by a relevant judge in a relevant court

5. EXPERT DETERMINATION DISADVANTAGES EVIDENCE TESTING

  • There is a Jury present
  • Evidence and assertions are required to be proven beyond a reasonable doubt
  • No testing of evidence or assertions
  • Evidence is passed through a panel to decide on whether it should be submissable
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