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Evaluate Alternative Dispute Resolution (D2)
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Evaluate Alternative Dispute Resolution (D2)
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Task 6 – Evaluate Alternative Dispute Resolution (ADR)1|Page
, In this report I am going to evaluate the positives and negatives of all types of ADR’s
which include Negotiation, Conciliation, Mediation, Arbitration, as well as evaluate
Tribunals, and also evaluate if it is better to use ADR rather than Courts.
Negotiation
Negotiation is a method in which the both parties who are involved in a dispute. Will
try to negotiate an agreement, between each other, it is used to help reach a
decision, but still maintain relationships between parties involved.
Positives of negotiation are that. Negotiation costs nothing. Therefore, as it cost
nothing parties don’t have to pay anything for this type of method of ADR. It also
means that there are no expenses being paid to anyone, such as any legal
professionals such as lawyers or solicitor. Another positive of this type of ADR
method is that it if free. Therefore, parties don’t have to worry about any fees that
would normally be involved with taking a case to court. Time wise. Negotiation is
quite quick when there is a dispute trying to be resolved. It is fast because it does not
involve any of the procedures that would usually be used in a court case such as the
first hearing which would waste time and add more fees to the whole trial. Another
advantage of using negotiation to resolve any disputes is that due to it confidential.
All information between parties that would be discussed will be maintained private.
Therefore, as it is private this lessons the stress that parties would have if the case
was more public such as in court room where others are allowed to see what the
case is. The negatives of this type of method is that. This type of method is non-
binding meaning that as there is no legal document being involved when parties
have to agree and sign the document to uphold the promise made. In this method
they don’t have to keep the promise and if it was broken nothing can be done.
Unless both parties used a lawyer to draft up a document and made them sign it. It
the document was broken than an appeal can be made to a court depending on
what type of this dispute this is. The formality of negotiation if used as ADR. Also, a
negative can be representation. Many people will or tend to use legal
representation. Meaning one party is at a disadvantage as the legal representative
has more bargaining power. Is that it is less formal then a court as only the parties
involve discuss with each other. The court appealed to would usually be county
court. This type of ADR method is accessible to anyone who has any dispute
resolved and in which they try to maintain relationships. The appropriateness of
negotiation method is that. Usually negotiation would be used in disputes such as
neighbour dispute where there is noise being made.
Conciliation
Conciliation is another type of ADR. Conciliation is a method in which a 3 rd party is
involved in order to help the parties come up with an agreement. The conciliator in
this method will play an active role and is able to forward ideas and solution to the
parties involved in the dispute.
Positives of conciliation are that. Conciliation is very cheap. It is cheap than a court
as the parties only have to pay the conciliator. Meaning that the cost is not high such
as if a lawyer was used in which the costs would be high. Another advantage of
2|Page
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