ADR
- Created by: Annabelle
- Created on: 17-01-13 17:56
View mindmap
- Alternative Dispute Resolution
- Negotiation
- Parties enter a discussion
- Through solicitors to attempt to settle dispute.
- Extra help may be needed if parties wont talk.
- Mediation
- Neutral mediator
- Keeps own views private
- Neighbour disputes and business problems
- Neutral mediator
- Conciliation
- Go between is pro active
- Suggest solutions
- Go between is pro active
- Arbitration
- Formal arrangement that binds the parties.
- Neutral party decides the dispute
- Decision binding with both parties
- Scott v Avery
- Examples
- Divorce
- Who gets what
- Business disputes
- Southamptonand Balfour Beatty
- ACAS
- Industrial disputes eg, strikes
- ABTA
- Holiday
- Divorce
- Advantages
- Cheaper than court
- Convenient hearing
- No publicity
- Quicker and flexible
- Choose own arbitrator eg, lawyer
- Disadvantages
- Unexpected legal points
- If no lawyer is used as arbitrator
- Professional can be expensive
- Limited rights of appeal
- Not always cheaper if lawyers are used
- Unexpected legal points
- Negotiation
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