ADR +&-

Question 1

+&- of COST

Answer 1

+ cheaper than court -> represent themselves. Cases dealt with quicker. Little strain on parties
- skilled mediators expensive. Legal representation common -> parties don’t want disadvantage . Legal aid not available.

Question 2

+&- of SPEED

Answer 2

+ disputes resolved quicker than courts - days / weeks vs 1 day mediation. Less stressful
- N M C not compulsory party may not attend. No guarantee resolution both parties have to co operate. Forced attend court -> costly and lengthy

Question 3

+&- of PRIVACY

Answer 3

+ bad publicity avoided. Helps preserve relationships eg business more likely to continue to deal if resolved privately
- “day in court” -> max. bad publicity for dishonest party only provided by court system. N M C can’t be enforced -> no pressure to adhere = no resolution

Question 4

+&- EXPERTISE

Answer 4

+ knowledge of specific area -> increasing chance of fair settlement. Judge doesn’t have specific knowledge.
- to keep cost down people use unskilled N / M. Unproductive procedure

Question 5

What are the 4 A&D of ADR

Answer 5

Cost
Speed
Privacy
Expertise