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Explain 3 Methods of Adr and the Advantages and Disadvantages of Each. - Law

  • Date Submitted: 03/15/2010 10:32 AM
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Explain 3 methods of ADR and the advantages and disadvantages of each.
Negotiation is the most common of all types of ADR and is used in most civil cases such as disputes between neighbours. There is no set procedure to negotiation and it is very informal. The parties may represent themselves however some do chose to have solicitors present especially big companies. Each side states what they want and they keep giving a little ground each time until they reach a compromise. There are many advantages to this type or ADR such as it is very informal and private as well as being quick and cheap. It can also help to keep relationships good rather than a court battle which can ruin them. It can also be used with other types of ADR at the same time and can continue during a court trial. There are also some disadvantages such as some negotiations can be lengthy and some may only be resolved at the door of the court room. Also it only works if both parties are open-minded otherwise it will fail. There can also sometimes be an imbalance of power which can lead to an unfair resolution such as in the case D & C Builders v Rees. As there is no need for lawyers there is a lack of expertise but if people do have them this will give an imbalance of power in some cases. Finally it is not legally binding so some people may not stick to it.
Mediation is another common type of ADR and is used in family and divorce cases. Mediation involves an impartial 3rd party who acts as a facilitator. The mediator acts as a go between for each party. They firstly have an initial meeting and then each party puts forward its position in private to the mediator until a compromise is reached. Another way mediation can be acted out is in a formalised settle agreement which is like a mini trial and it is now possible to mediate online with websites such as www.theclaimroom.com. There are many advantages to this type of ADRsuch as it is less formal, cheaper and confidential. Also the parties are in...

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