909586
Description
Mind Map by chloe.elliff, updated more than 1 year ago
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Created by chloe.elliff
over 10 years ago
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Alternative Dispute Resolution
- is a means of settling disputes
and claims outside of court
- encouraged by CIVIL
PROCEDURE RULES
- often best to
resolve certain
issues out of court
- saves time, money and avoids deterioration of relationships
- saves time, money and avoids deterioration of relationships
- encouraged by CIVIL
PROCEDURE RULES
- ARBITRATION
- arguably one of
the more formal
forms of ADR
- involved a third party making a
judgement and then a decision on how to
settle the dispute and both parties are
bound to it and by it
- involved a third party making a
judgement and then a decision on how to
settle the dispute and both parties are
bound to it and by it
- STRENGTHS
- less formal than litigation
- less intimidating
- usually no publicity
- less formal than litigation
- WEAKNESES
- underused
- lack of bargaining power
- no legal aid
- underused
- arguably one of
the more formal
forms of ADR
- MEDIATION
- involves a third part who will act like
a 'ref' or a 'go between' passing info
between both parties
- FAMILY LAW ACT
- actively encourages divorcing couple
to use this before court to settle
matters
- actively encourages divorcing couple
to use this before court to settle
matters
- FAMILY LAW ACT
- STRENGTHS
- time saver
- money saver also
- money saver also
- legally binding if both agree
- see both sides
- time saver
- WEAKNESSES
- increase on being seen as compulsory
- try and enforce it - against a.6
- dispute may go to court anyway
- increase on being seen as compulsory
- involves a third part who will act like
a 'ref' or a 'go between' passing info
between both parties
- CONCILIATION
- third party has a more active role
suggesting grounds for comprimise or
basis for a settlement
- STRENGTHS
- money and time saver
- quick resolution
- completely private
- money and time saver
- WEAKNESSES
- difficult to enforce
- ficult to agree
- not legally binding
- difficult to enforce
- third party has a more active role
suggesting grounds for comprimise or
basis for a settlement
- NEGOTIATION
- the largest form of ADR,
involving two parties
discussing their problem(s)
with one another to find a
suitable solution
- probably the cheapest and least formal
method, avoiding stress and hassle
- can involve solicitors acting on behalf of their
clients – no third party is involved
- can involve solicitors acting on behalf of their
clients – no third party is involved
- probably the cheapest and least formal
method, avoiding stress and hassle
- STRENGTHS
- private
- money saver
- time saver
- private
- WEAKNESSES
- could escalate issue
- not bidning
- not formal
- could escalate issue
- the largest form of ADR,
involving two parties
discussing their problem(s)
with one another to find a
suitable solution
- Tribunals are another form of ADR, despite being regarded as
specialist courts. They were set up to give the public a means of
resolving disputes regarding their social rights and various other
areas such as employment law.
- Therefore it can be said that there are
numerous forms of ADR that encourage people
to avoid the courts – thus relieve congestion.
- Therefore it can be said that there are
numerous forms of ADR that encourage people
to avoid the courts – thus relieve congestion.
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