Alternative Dispute Resolution

chloe.elliff
Mind Map by , created over 5 years ago

Mind Map on Alternative Dispute Resolution, created by chloe.elliff on 05/21/2014.

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chloe.elliff
Created by chloe.elliff over 5 years ago
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Alternative Dispute Resolution
1 is a means of settling disputes and claims outside of court
1.1 encouraged by CIVIL PROCEDURE RULES
1.2 often best to resolve certain issues out of court
1.2.1 saves time, money and avoids deterioration of relationships
2 ARBITRATION
2.1 arguably one of the more formal forms of ADR
2.1.1 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
2.2 STRENGTHS
2.2.1 less formal than litigation
2.2.2 less intimidating
2.2.3 usually no publicity
2.3 WEAKNESES
2.3.1 underused
2.3.2 lack of bargaining power
2.3.3 no legal aid
3 MEDIATION
3.1 involves a third part who will act like a 'ref' or a 'go between' passing info between both parties
3.1.1 FAMILY LAW ACT
3.1.1.1 actively encourages divorcing couple to use this before court to settle matters
3.2 STRENGTHS
3.2.1 time saver
3.2.1.1 money saver also
3.2.2 legally binding if both agree
3.2.3 see both sides
3.3 WEAKNESSES
3.3.1 increase on being seen as compulsory
3.3.2 try and enforce it - against a.6
3.3.3 dispute may go to court anyway
4 CONCILIATION
4.1 third party has a more active role suggesting grounds for comprimise or basis for a settlement
4.2 STRENGTHS
4.2.1 money and time saver
4.2.2 quick resolution
4.2.3 completely private
4.3 WEAKNESSES
4.3.1 difficult to enforce
4.3.2 ficult to agree
4.3.3 not legally binding
5 NEGOTIATION
5.1 the largest form of ADR, involving two parties discussing their problem(s) with one another to find a suitable solution
5.1.1 probably the cheapest and least formal method, avoiding stress and hassle
5.1.1.1 can involve solicitors acting on behalf of their clients – no third party is involved
5.2 STRENGTHS
5.2.1 private
5.2.2 money saver
5.2.3 time saver
5.3 WEAKNESSES
5.3.1 could escalate issue
5.3.2 not bidning
5.3.3 not formal
6 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.
6.1 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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