Discuss Advantages and Disadvantages of using ADR (12 marks).

Question 1

Advantage / Disadvantage #1

Answer 1

• (A) COST, cheaper than courts, parties can represent themselves, less strain on parties
• (D) High costs, skilled mediators, legal representation more common, no legal aid available, strain on parties.

Question 2

Advantage / Disadvantage #2

Answer 2

• (A) SPEED, quicker than court, usually one day, less stressful.
• (D) Not compulsory, parties don’t have to attend, no guaranteed resolution, lengthy and costly if forced to attend.

Question 3

Advantage / Disadvantage #3

Answer 3

• (A) PRIVACY, dealt with in private, no bad publicity, not reported to media, keeps relationships.
• (D) Day in court wanted by parties to give publicity, 3/4 types of ADR can’t be enforced, no pressure to adhere.

Question 4

Advantage / Disadvantage #4

Answer 4

• (A) EXPERTISE, knowledge in particular areas, legal experts involved, best decision made.
• (D) to keep cost down, parties could pick someone unskilled resulting in unbalanced results.