Advanatges and Disadvatages of using ADR Flashcards
(10 cards)
A1 - cheaply than civil coAudra
Cost, cases are dealt with more cheaply than the courts as parties are encouraged to represent themselves and not use lawyers (negotiation, mediation, conciliation)
A2 - quicker than civil courts
Speed, resolved much quicker than the courts. (Mediation usually 1 day, conciliation and negotiation can be quicker, arbitration aims to resolve disputed within 10 weeks between travel companies and customers)
A3 - bad publicity avoided
Privacy, matters are dealt with in private and bad publicity is avoided, unlike the courts which are open to the media
A4 - fair settlement reached
Expertise, knowledge is a particular area will increase the chance of reaching a fair settlement. Civil court is a legal experts may not have specific knowledge on type is business and activity.
A5 - flexibility and control
Flexibility and control, parties are free to chose the time, place and procedure (negotiation can be informal or formal) can fit to working commitments unlike courts reducing stress levels
D1 - high costs
Costs can be significant, skilled mediators can be expensive and legal rep in arbitration being increasingly common as parties don’t want to lose, legal aid not available
D2 - not compulsory
Mediation, negotiation and conciliation is not compulsory parties can simply not attend. No guarantee a dispute will be resolved relies on co operation
D3 - ‘day in court’
Party may want day in court to resolve issue in a public way. Also mediation conciliation and negotiation nor legally binding
D4 - unproductive procedure
To keep costs down parties pay engage with unskilled negotiator/mediator can result in unproductive procedure
D5 - lack of formality
Lack of Judicial precedent means uncertainty about outcomes weaker parties can be pressured in reaching an agreement (mediation, negotiation and conciliation court case may follow if no resolvment)
