adr

• negotiation - most basic form - chit chat - attempts to resolve issue quickly and privatly
• mediation - more formal than negotiation - neutral third part tries to resolve issues - mediator does not give their opinion
• conciliation - third party tries to suggest a comprimise - plays a more active role
• arbitration - third party decides the case impartially - doesn't take sides but will just make a judgement based on the evidence - this decision is binding
• scott v avery clause - business agree to use arbitration is there is an issue with their deal as it prevents going to court and maintains the relationship
• pro negotiation - quickest - cheapest - most informal
• pro mediation - parties have lots of control over proceedings - based on common sense rather than legal rules
• conciliation - more formal than mediation - active role in advising
• arbitration - binding - made at any time and can be included in contract
• negotiation cons - requires confrontation with the other party - may have to go back to court
• mediation cons - only work if both parties agree to cooperate
• conciliation - confrontation with other parties - decision is not binding - go to court
• arbitration - more expensive - needs professional arbitrater