Title | Types of alternative dispute resolution Ulaw LPC |
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Course | Dispute resolution |
Institution | University of Law |
Pages | 2 |
File Size | 40.6 KB |
File Type | |
Total Downloads | 114 |
Total Views | 142 |
description of types of alternative dispute resolution, first workshops Ulaw lpc llm...
ADR Mediation -parties are put in a room with an impartial third party who facilities the disagreements Pros -better lines of communication - discussions can take place openly Cons -voluntary, -no disclosure of evidence (key things could be left out) -decisions not binding, therefore discussions harder to enforce ‘Mini-trail’ and ‘standard settle procedure’ Pros -preserving business relations - fresh outlook from senior rep
Judicial / Expert Appraisal Expert gives their opinions, Judicial appraisal Pros -less confrontational
Cons -binding -limitation period might run out -experts have different findings, if its unfavorable can cause party to be at a disavntage Neutral evolution Strengths and weaknesses of the case Pros Parties can find out the strength of their case Cons
Arbitration Pros -binding -quick procedure (within 45 days) Cons
After ADR Litigation Pros Public – demonstration that Clarkes are not at fault -disclosure of evidence
Cons -ADR can go back and forth quite a lot - expensive option...