Mapa mental
Advantages & Disadvantages of ADR

Mind map: advantages & disadvantages of ADR
Contenido del mapa
Advantages & Disadvantages of ADR
Negotiation
- Advantages
- Speed: Often quicker than ordinary courts, meeting at a mutually convenient time.
- Less formal and therefore less confusing and stressful for parties.
- Least expensive: Usually the only cost involved is time.
- Privacy: Parties are confident that the settlement is confidential.
- Disadvantages
- Imbalance of power: One party may be acting less voluntarily and may not find this form of ADR appropriate.
- Lack of legal expertise as no professionals are used in the process.
- Lack of certainty as the negotiation process doesn't follow the rules of precedent.
- Confusion of enforceability as one party may feel that the agreement is legally enforcable whilst the other party does not.
- Advantages
Conciliation
- Advantages
- The conciliator is independent of the parties and has the power to suggest and advise.
- Expertise: Councilor has expert knowledge.
- Disadvantages
- Imbalance of power: One party may be acting less voluntarily and may not find this form of ADR appropriate.
- Advantages
Mediation
- Advantages
- Speed: Often quicker than ordinary courts, meeting at a mutually convenient time.
- Less formal and therefore less confusing and stressful for parties.
- System empowers parties as it does not force an agreement upon them.
- Process is not expensive as lawyers are discouraged.
- Expertise: Mediator has trained in the art of mediation.
- Privacy: Parties are confident that the settlement is confidential.
- Disadvantages
- There is an imbalance of power as one party is usually weaker financially or emotionally.
- Mediators may not be legal experts, if considering a particularly difficult point of law.
- There is a lack of certainty of the outcome.
- Unless the parties agree otherwise, the mediation settlement is not binding.
- Advantages
Arbitration
- Advantages
- Expertise in law leads to fair and speedy decisions.
- Privacy: Parties are confident that the settlement is confidential.
- Speed: Often quicker than ordinary courts, meeting at a mutually convenient time.
- Arbitration has an enforcable award.
- Less formal and therefore less confusing and stressful for parties.
- Process is not expensive as lawyers are discouraged.
- Arbitration frees the courts and is therefore cost saving for the state.
- Disadvantages
- There is a lack of legal expertise compared to judges.
- Many inconsistencies as arbitration is not bound by judicial precedent.
- Cost may be high in disputes that take a long time.
- A party may appeal on limited grounds to the high court.
- There is a lack of trust and understanding for arbitration.
- Advantages
Tribunals
- Advantages
- A chairperson usually has very high expertise.
- Tribunals give reasons for there decisions and therefore is understood.
- Tribunals do not charge fees and is therefore less costly.
- Less formal and therefore less confusing and stressful for parties.
- Flexible as tribunals do not operate under strict judicial precedent.
- Fast as the final hearing is usually completed within a day.
- Tribunals relieve congestion from the civil court system.
- Not as highly publicised as court hearings.
- Disadvantages
- The chairperson have monopoly influence.
- Public funding is not available for legal representation; favoring the rich.
- There are different routes depending on the tribunal, making it complicated.
- Lack of certainty as the tribunals process doesn't follow the rules of precedent.
- Cases of public importance may not be publicized.
- May be formal and too similar to court hearings.
- Advantages
Civil Courts
- Disadvantages
- There is a lack of technical knowledge in obscure disputes.
- Lawyers are needed due to the complicated process.
- Very slow process, and can take longer than 30 weeks to be allocated.
- There is a lack of flexibility which may be inconvenient for the parties.
- General costs, such as fees or lawyers.
- The civil court system is still based on winning a case, so tactful lawyers will always win.
- publicized and therefore stressful.
- Advantages
- Remedies and damages may be ordered legally under the CPR.
- Legal expertise over many years makes it a fairer decision.
- Public funding is available for some cases, making it fairer to all.
- Disadvantages
Información
- Descripción
- 9999999999999999999999999 Law Mapa Mental sobre Advantages & Disadvantages of ADR, creado por theLADhimself el 05/05/2013.
- Creado por
- theLADhimself
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