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.
The Term Paper on Due Process Revolution Court Case Amendment
The great promise of America that has made a British colony in the 50 States today is Freedom. Many Freedoms which still today cause people to flock to the United States. The history of these freedoms starts centuries ago and has developed, revolutionized, and persisted all the way through today. At the core of these Freedoms is the idea of Due Process, the idea that everyone has rights and ...
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 control and it can help to keep relationships strong as they are not arguing as they have the mediator to prevent this. Also it avoids the adversarial system of courts however the mediator must be skilled to prevent bullying which is a disadvantage. Another disadvantage is that it is only suitable if both parties are willing to co operate if they are not it will cause extra costs and if it goes to trial they may be penalised in costs for refusing ADR such as in Dunnet v Railway. Also the decision is not legally binding and the amounts awarded may be less than in a court situation.
Arbitration is another type of ADR which provides someone with expert knowledge to help resolve the case. It is governed by the Arbitration Act 1996. The parties must firstly agree to arbitrate however in most contracts an Scott v Avery clause which states they must go to arbitration however the parties can chose to go to arbitration freely. Once they enter into arbitration it is legally binding and they must stick by it. The arbitrator can be chosen by the parties. It is set out in the Arbitration act that they can chose between one – three arbitrators but if they cannot decide they can only have one. They arbitrator used may be set out in the contract between the parties that is in dispute however they can also find them at the institute of arbitrators. A hearing the takes place. It can take either of 2 forms. The first is paper arbitration which involves the parties writing down everything and the arbitrator makes a decision. They can also have an oral arbitration which is set out like a trial and can involve witnesses. Once a decision has been made and award is made and it is legally binding. It is hard to appeal against the award but can be appealed against in cases of serious irregularity or on a point of law. Advantages to this include the parties chose their arbitrator and how formal the trial is. The award is legally binding which is an advantage. The use of an expert saves time and money.Also it is flexible, relatively cheap and private. However there are some disadvantages as it is not as cheap as other methods of ADR and there is lack of public funding towards this. Also it is quite inconsistent in awards and it is not suitable to all types of cases. The limited right of appeal is also a great disadvantage as they have to stick to the award in most cases.
The Research paper on Bridgestone Firestone Case Act Interest Safety
Policy Analysis Bridgestone-Firestone Tire Recall and its Aftermath Introduction This research paper tries to analyse the Firestone tire recall, the TREAD legislation and the Bridgestone-Firestone non market and market strategy. The analysis will be started by introducing the company, its different stakeholders and the main issues will be outlined. Next, a more in depth analysis of the case will ...
