ADR A03 Flashcards
(18 cards)
What is a key advantage of mediation and conciliation?
They are quicker and cheaper than going through litigation.
Why are mediation and conciliation less stressful?
They are simpler and more informal than court proceedings.
How do mediation and conciliation protect privacy?
They are confidential, so there’s no negative publicity.
How do mediation and conciliation preserve relationships?
They aim to maintain good relationships so parties can continue working together after the dispute.
What kind of conflict do mediation and conciliation avoid?
They avoid the adversarial, winner/loser format of courtroom battles.
How effective is mediation, according to the Centre for Dispute Resolution?
Over 80% of cases it handles are successfully settled.
What happens if mediation or conciliation fails?
The parties may still need to go to court, wasting time and money.
Are mediation and conciliation legally binding?
No, they are not legally binding, so parties may not stick to the agreement.
What is a public perception issue with mediation and conciliation?
Many people are unaware of them and lack confidence in their effectiveness.
What risk does a poor mediator pose?
Without proper skill, mediation can become a bullying exercise where the weaker party is pressured into settling unfairly.
What is an expertise advantage of arbitration?
The arbitrator can be an expert in the field, reducing the need for expert witnesses.
How is arbitration more flexible than court?
The time, place, and type of hearing can be arranged to suit both parties.
How does arbitration protect reputations?
It is private, avoiding bad publicity and promoting continued business relationships.
How does arbitration offer finality?
The arbitrator’s award is final, giving parties closure quickly and cheaply.
Is legal aid available in arbitration?
No, legal funding is not available, which can disadvantage individuals.
What happens if an individual can’t afford representation?
They may be intimidated and unfairly disadvantaged against a business with lawyers.
What problem arises if a legal issue is too complex?
The arbitrator may not be able to resolve a point of law, delaying or undermining the process.
Can arbitration still be expensive?
Yes, if a professional arbitrator and formal hearing are used, the cost may be as high as court.
