ADR

Question 1

DISADVANTAGES OF LITIGATION

Answer 1

1) Litigation is a lengthy process
2) litigation is expensive
3) courts and legal aid are not available in some communities
4) It is very formal
5) It is conducted by legal representatives which may make the parties feel like they play no part
6) A court order may be unsatisfactory for both parties
7) Decision may take so long
8) Adversarial nature of litigation may be contrary to traditional ways

Question 2

ADVANTAGES OF ADR

Answer 2

• less costly than litigation
• voluntary and informal
• less time consuming
• parties have much more control over the process
• private and confidential

Question 3

WHAT IS NEGOTIATION

Answer 3

• A VERBAL INTERACTION BETWEEN PARTIES WITH THE GOAL BEING A MUTUALLY ACCEPTABLE AGREEMENT

Question 4

ADVANTAGES OF NEGOTIATION

Answer 4

• parties resolve matters themselves without any legal representatives
• parties control the procedure and content of settlement agreement
• parties have control over the outcome- they design their own solution
• parties have nothing to lose, they can still proceed to court if negotiation fails
• a settlement agreement can be made an order of court and thus become fully enforceable

Question 5

MEDIATION

Answer 5

PARTIES INVOLVE E MEDIATOR IN AN ATTEMPT TO TRY AND RESOLVE THE DISPUTES

Question 6

ADVANTAGES OF MEDIATION

Answer 6

• parties present their issues themselves
• parties control the discussion and settlement
• parties agree on the mediator
• nothing to lose

Question 7

DISADVANTAGES OF MEDIATION

Answer 7

• mediator does not take a final and binding decision
• if one party is not committed they can delay the resolution of the dispute
• any of the parties can withdraw at any time

Question 8

ARBITRATION

Answer 8

• where dispute is referred to a neutral third party and they hear their cases ,considers evidence and submission then makes a final and binding decision called an award

Question 9

ADVANTAGES OF ARBITRATION

Answer 9

• confidential and private
• parties present their own cases
• parties have control over the procedure and over the identity of the arbitrator
• arbitrator’s final decision brings an end to the dispute
• arbitrator’s decision can be made an order of court

Question 10

DISADVANTAGES

Answer 10

• parties pay the arbitrator
• any of the parties can withdraw at any time
• there is no appeal
• an obstructive party may use the arbitration to delay resolution