Advantages and Disadvantages of ADR

What’s an advantage of ADR? (Method)

less formal method than courts, it can be solved between the parties themselves.

What’s an advantage of ADR? (Lawyers)

Lawyers are not encouraged, as it makes the process more flexible and less formal. There is no rule that the loser pays the winning sides costs, less confrontational, can continue a relationship.

What’s an advantage of ADR? (Time)

quicker and easier to arrange a resolution than going through courts, if there is a hearing it will be in private, no publicity.

What’s an advantage of ADR? (Decision)

in negotiation, mediation and conciliation the decision does not have to be strictly legal more based on common sense and compromise. Preserves the future between the parties.

What’s a disadvantage of ADR? (Engagement)

The parties cannot be forced to engage in the process and can decide not to do it. Which could result in further delay as having to put it through the court system.

What’s a disadvantage of ADR? (money)

no funding is available to the claimant to use ADR. Also, if a claim is settled they will receive less compensation than through a court.

What’s a disadvantage of ADR? (Proceedings)

proceedings and hearings, in employment tribunals have a certain formality , which may be intimidating to unrepresented claimants.

What’s a disadvantage of ADR? (Appeal)

there are limited rights for appeal, for most forms of ADR. Arbitration on the grounds of a serious legal irregularity. Employment tribunals, appeal be made only if a point of law is involved. Lawyers will probably be involved that increases costs.

What are advanatages of negotiation?

1. it is straightforward

2. low cost or no cost-as no need for lawyers.

3. the parties are in control

4. relationship preserved

What are disadvantages of negotiation?

1. one party might not be prepared to negotiate

2. one may be hostile

3. court proceedings may be the only way to handle the dispute.

What are the advantages of conciliation?

1. cheaper than a court case

2. parties have control

3. relationship preserved

What are the disadvantages of conciliation?

1. the conciliator may force a resolution

2. the process may not bring a resolution

3. the result may not be binding between the parties.

What are the advantages of mediation?

1. cheaper

2. parties in control

3. relationship preserved

What are the disadvantages of mediation?

1. one party may be unwilling

2. can’t reach a settlement

3. result may not be binding between the parties.

What are the advantages of arbitration?

1. cheaper

2. arbitrator’s qualified and experienced

3. arbitrator’s decision is final and binding

4. arbitrator’s decision can be enforced in court.

What are the disadvantages of arbitration?

1. process can be formal and complicated

2. more expensive than other forms of ADR.

3. not suitable