ADR pros and cons

Question 1

disadvantage: enforceability

Answer 1

in mediation if legal relations have not been created then the agreement cannot be enforced, powers of enforcement also less within the court, limited chances to appeal

Question 2

disadvantage : imbalance of power

Answer 2

husband/ wife one normally has the upper hand financially same with big companies, often have their own legal teams that deal with these issues- doesnt really bring justice

Question 3

disadvantage: lack of legal expertise

Answer 3

in mediation, conciliation, arbitration ect do not have a legal expert

Question 4

disadvantage: lack of funding

Answer 4

can make it difficult to go to ADR when one can afford and the other cant

Question 5

advantage: less formality

Answer 5

fewer complicated rules of evidence which people may have found daunting and confusing

Question 6

advantage: avoids adversarial process

Answer 6

mediation and conciliation far better if you wish to maintain future relations eg couple with children divorcing

Question 7

advantage: delayes- negotiation can be instant

Answer 7

all heard soon after parties agree- quick and efficiant compared to civil courts, weeks of delaying, people give up and costs money

Question 8

advantage: experts used

Answer 8

part of process to help make things smooth
eg ACAS and relate