Alternative Dispute Resolution

Question 1

Define Negotiation

Answer 1

Involves both parties resolving the dispute outside of court, with little assistance.

Question 2

Define Mediation

Answer 2

An independent third party will facilitate (make it easier) the parties in coming to a resolution.

Question 3

What is the success rate of mediation?

Answer 3

Successful in 90% of cases

Question 4

What does the Family Law Act 1996 encourage?

Answer 4

It encourages divorcing couples to use mediation

Question 5

Define Concilliation

Answer 5

A Concilliator will play an active role (make suggestions) in coming to a conclusion

Question 6

Define an Employment Tribunal

Answer 6

Composed of a panel of 3, similar to a court setting.

Question 7

Give advantages of Mediation/Conciliation/Negotiation

Answer 7

-Far cheaper than litigation as there is no need for legal representation.

-ADR is highly successful alternative to the courts

-ADR leaves both parties on good terms as they cooperate to come to a decision

-Mediation is far quicker than going to court due to the less formal procedure

Question 8

Give disadvantages of Mediation/Conciliation/Negotiation

Answer 8

-No legal aid available as there is no requirement to use legal representation

-No appeal routes available

-If they fail to work the parties will be forces to litigate, arbitration may have been a waste of time.

Question 9

Give two advantages of tribunals

Answer 9

-The panels may be experts in their field, practical knowledge rather than legal knowledge

-may not require a legal professional, therefore may be cheaper. Date and time will be more easily settled on

Question 10

Give two disadvantages of Tribunals

Answer 10

-May be an inequality of bargaining power as one party may be able to afford a lawyer, no legal aid.

-Very limited and complex appeal routes, goes to Upper Tribunals or to the High Court. Litigation gaurantees less complex appeal routes.