Please enable JavaScript.
Coggle requires JavaScript to display documents.
ADR (Conciliation (Disadvantages (No guarantee matter will be resolved -…
ADR
Conciliation
-
-
-
Industrial disputes - Advisory Conciliation and Arbitration Service - can give impartial opinion on the legal position
Advantages
parties are in control + can withdraw from the process at any point. Also a compromise cannot be reached without the agreement of both parties
-
-
Arbitration
-
-
Scott v Avery Clause (in commercial contracts) - parties agree that in the event of a dispute arising between them, they will have that dispute settled by arbitration
Arbitration Act 1996 - court will refuse to deal with any dispute - must go to arbitration agreed by the parties
The arbitrator
-
If parties can't agree, only 1 arbitrator will be appointed
Negotation
-
Advantages
-
-
-
If parties cannot come to an agreement, they may decide to take the step of instructing solicitors
-
-
Negotiation resolution can include agreement about future business deals. - cannot be done where the court makes the decision
-
Disadvantages
-
-
If there are repeated unsuccessful attempts at negotiation, may prolong the issue.
Mediation
-
Important in family cases, need to show that they did attempt using mediation