adr

• negotiation - least formal, negotiate settlement by themselves or between solicitors, often continue up to trial but many settle out of court
• mediation - independent third party help reach settlement, no suggestions but help either party to make their own decisions
• conciliation - similar to mediation although actively tries to get parties to come to agreement, offers suggestions and non binding opinions
• arbitration - most formal type of adr, dispute decided by independent arbitrator eg. small claims track
• scott v avery clause - businesses agree to use arbitration if there's an issue with their deal as prevents going to court, maintains relationship
• ++ arbitration - can be paper/written arbitration or hearing
• ++ arbitration - award is final, legally binding, can be enforced
• -- arbitration - if legal point pops up no one is qualified to deal with it
• -- arbitration - professionals can be expensive eg. commericial arbitration
• ++ parties in control, can withdraw any time
• ++ cheap as no court/less time
• ++ parties can continue to work together after
• -- amount won is lower than winning in court
• -- inequality of bargaining power, bullying into settlement
• -- not legally binding
• -- might have to go to court anyway
• ++ can be as informal or formal as wanted
• ++ hire someone who specialises in area