P4 M2 Adr Essay
Arbitration Negotiation: this is the first way of ADR and the parties involved (which is usually two or more) attempt to come to an agreement or try to compromise before using any other methods of ADR. This can be done with or without a solicitor however the decision made is not legally binding. Negotiation is private as only the parties involved are there when the negotiation takes place, it is also cheap as there is no cost unless a solicitor is involved.
Mediation: there are always three or more parties involved in mediation and one of the parties is …show more content…
Mediation and Conciliation: Both methods involve three parties, the third party for mediation is the ‘mediator’ and for the conciliation is the ‘conciliator’. The third parties have a neutral role to play, as they want the other parties to come to an agreement themselves. However in mediation the mediator doesn’t have an active role and in conciliation the conciliator does. Mediation is cost effective, as it doesn’t cost a lot unlike conciliation but it is cheaper then going to court, it is also private and confidential. Decisions made in both methods are not legally binding therefore the dispute may end up going to court even if there was a agreement between the parties.
Arbitration and Tribunals: decisions made in both arbitration and tribunals are legally binding therefore they cannot continue to go on to any other court. Unlike tribunals where the parties are given a set date for the case, parties using arbitration get to choose the place, time etc. there case can also continue to go on until it is resolved where as tribunals are done within a day. Advantages of ADR:
ADR is much cheaper then going to court, as there is less expense for parties to pay such as solicitors/experts.
As hearings in court are public anyone can be present therefore it isn’t private or confidential however ADR is