Advantages & Disadvantages of ADR

theLADhimself
Mind Map by , created over 6 years ago

9999999999999999999999999 Law Mind Map on Advantages & Disadvantages of ADR, created by theLADhimself on 05/05/2013.

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theLADhimself
Created by theLADhimself over 6 years ago
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Advantages & Disadvantages of ADR
1 Negotiation
1.1 Advantages
1.1.1 Speed: Often quicker than ordinary courts, meeting at a mutually convenient time.
1.1.2 Less formal and therefore less confusing and stressful for parties.
1.1.3 Least expensive: Usually the only cost involved is time.
1.1.4 Privacy: Parties are confident that the settlement is confidential.
1.2 Disadvantages
1.2.1 Imbalance of power: One party may be acting less voluntarily and may not find this form of ADR appropriate.
1.2.2 Lack of legal expertise as no professionals are used in the process.
1.2.3 Lack of certainty as the negotiation process doesn't follow the rules of precedent.
1.2.4 Confusion of enforceability as one party may feel that the agreement is legally enforcable whilst the other party does not.
2 Conciliation
2.1 Advantages
2.1.1 The conciliator is independent of the parties and has the power to suggest and advise.
2.1.2 Expertise: Councilor has expert knowledge.
2.2 Disadvantages
2.2.1 Imbalance of power: One party may be acting less voluntarily and may not find this form of ADR appropriate.
3 Mediation
3.1 Advantages
3.1.1 Speed: Often quicker than ordinary courts, meeting at a mutually convenient time.
3.1.2 Less formal and therefore less confusing and stressful for parties.
3.1.3 System empowers parties as it does not force an agreement upon them.
3.1.4 Process is not expensive as lawyers are discouraged.
3.1.5 Expertise: Mediator has trained in the art of mediation.
3.1.6 Privacy: Parties are confident that the settlement is confidential.
3.2 Disadvantages
3.2.1 There is an imbalance of power as one party is usually weaker financially or emotionally.
3.2.2 Mediators may not be legal experts, if considering a particularly difficult point of law.
3.2.3 There is a lack of certainty of the outcome.
3.2.4 Unless the parties agree otherwise, the mediation settlement is not binding.
4 Arbitration
4.1 Advantages
4.1.1 Expertise in law leads to fair and speedy decisions.
4.1.2 Privacy: Parties are confident that the settlement is confidential.
4.1.3 Speed: Often quicker than ordinary courts, meeting at a mutually convenient time.
4.1.4 Arbitration has an enforcable award.
4.1.5 Less formal and therefore less confusing and stressful for parties.
4.1.6 Process is not expensive as lawyers are discouraged.
4.1.7 Arbitration frees the courts and is therefore cost saving for the state.
4.2 Disadvantages
4.2.1 There is a lack of legal expertise compared to judges.
4.2.2 Many inconsistencies as arbitration is not bound by judicial precedent.
4.2.3 Cost may be high in disputes that take a long time.
4.2.4 A party may appeal on limited grounds to the high court.
4.2.5 There is a lack of trust and understanding for arbitration.
5 Tribunals
5.1 Advantages
5.1.1 A chairperson usually has very high expertise.
5.1.2 Tribunals give reasons for there decisions and therefore is understood.
5.1.3 Tribunals do not charge fees and is therefore less costly.
5.1.4 Less formal and therefore less confusing and stressful for parties.
5.1.5 Flexible as tribunals do not operate under strict judicial precedent.
5.1.6 Fast as the final hearing is usually completed within a day.
5.1.7 Tribunals relieve congestion from the civil court system.
5.1.8 Not as highly publicised as court hearings.
5.2 Disadvantages
5.2.1 The chairperson have monopoly influence.
5.2.2 Public funding is not available for legal representation; favoring the rich.
5.2.3 There are different routes depending on the tribunal, making it complicated.
5.2.4 Lack of certainty as the tribunals process doesn't follow the rules of precedent.
5.2.5 Cases of public importance may not be publicized.
5.2.6 May be formal and too similar to court hearings.
6 Civil Courts
6.1 Disadvantages
6.1.1 There is a lack of technical knowledge in obscure disputes.
6.1.2 Lawyers are needed due to the complicated process.
6.1.3 Very slow process, and can take longer than 30 weeks to be allocated.
6.1.4 There is a lack of flexibility which may be inconvenient for the parties.
6.1.5 General costs, such as fees or lawyers.
6.1.6 The civil court system is still based on winning a case, so tactful lawyers will always win.
6.1.7 publicized and therefore stressful.
6.2 Advantages
6.2.1 Remedies and damages may be ordered legally under the CPR.
6.2.2 Legal expertise over many years makes it a fairer decision.
6.2.3 Public funding is available for some cases, making it fairer to all.

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