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P2: ELS
Alternative dispute resolutions
ADR
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Created by
Liam
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Cards (8)
What are the two types of ADR?
Negotiation
and
mediation
What is negotiation?
Where an
individual
attempts
to
resolve
the
issue
directly
,
privately
and
possibly
face-to-face
What are the advantages of negotiation over litigation?
Quickest
,
cheapest
,
most informal
way of
settling
a
dispute
What are the disadvantages of negotiation over litigation?
Requires confrontation
May go to
court
What is mediation?
A
neutral
third-party
mediator
attempts to
resolve
the
issue
with
both parties
Which is more formal, negotiation or mediation?
Mediation
What are the advantages of mediation over litigation?
Parties
in
control of proceedings
Based on
common sense
What are the disadvantages of mediation over litigation?
Only works if
parties agree
Decisions
not binding