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Alternative Dispute Resolution Methods

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Alternative Dispute Resolution Methods

  1. 1. ALTERNATIVE DISPUTE RESOLUTION (ADR) METHODS
  2. 2. Think of a dispute that you have been involved in............... How was that dispute solved.............................
  3. 3. ALTERNATIVE DISPUTE RESOLUTION (ADR) METHODS
  4. 4. ALTERNATIVE DISPUTE RESOLUTION (ADR) METHODS Civil disputes occur when a person’s rights have been infringed or an individual has been injured as a result of another person’s action or inaction
  5. 5. ALTERNATIVE DISPUTE RESOLUTION (ADR) METHODS Civil disputes occur when a person’s rights have been infringed or an individual has been injured as a result of another person’s action or inaction ADR involves settling a civil legal dispute by a method other than a al decision before a court.
  6. 6. ALTERNATIVE DISPUTE RESOLUTION (ADR) METHODS Civil disputes occur when a person’s rights have been infringed or an individual has been injured as a result of another person’s action or inaction ADR involves settling a civil legal dispute by a method other than a al decision before a court. Is ADR appropriate for Criminal Disputes?
  7. 7. Negotiation
  8. 8. Negotiation Negotiation involves two parties discussing and compromising to obtain an agreed solution
  9. 9. Negotiation Negotiation involves two parties discussing and compromising to obtain an agreed solution Negotiation is usually carried out without legal representatives, but each party can take their own legal representation to assist
  10. 10. Negotiation Negotiation involves two parties discussing and compromising to obtain an agreed solution Negotiation is usually carried out without legal representatives, but each party can take their own legal representation to assist
  11. 11. Negotiation Negotiation involves two parties discussing and compromising to obtain an agreed solution Negotiation is usually carried out without legal representatives, but each party can take their own legal representation to assist Negotiation is not binding
  12. 12. Mediation Mediation involves an impartial third party who listens and directs discussion but does not suggest outcomes.
  13. 13. Mediation Mediation involves an impartial third party who listens and directs discussion but does not suggest outcomes. Mediation is voluntary
  14. 14. Mediation Mediation involves an impartial third party who listens and directs discussion but does not suggest outcomes. Mediation is voluntary All parties have their say
  15. 15. Mediation Mediation involves an impartial third party who listens and directs discussion but does not suggest outcomes. Mediation is voluntary All parties have Atmosphere is their say informal
  16. 16. Mediation Mediation involves an impartial third party who listens and directs discussion but does not suggest outcomes. Mediation is voluntary All parties have Atmosphere is their say informal Mediation is not binding
  17. 17. Disputes unsuitable for mediation
  18. 18. Disputes unsuitable for mediation circumstances where both parties are not willing to attend mediation
  19. 19. Disputes unsuitable for mediation circumstances where both parties are not willing to attend mediation disputes where there is no continuing relationship between the parties
  20. 20. Disputes unsuitable for mediation circumstances where both parties are not willing to attend mediation disputes where there is no continuing relationship between the parties disputes where there is evidence of a gross imbalance of power
  21. 21. Disputes unsuitable for mediation circumstances where both parties are not willing to attend mediation disputes where there is no continuing relationship between the parties disputes where there is evidence of a gross imbalance of power where there are overwhelming emotions involved
  22. 22. Disputes unsuitable for mediation circumstances where both parties are not willing to attend mediation disputes where there is no continuing relationship between the parties disputes where there is evidence of a gross imbalance of power where there are overwhelming emotions involved where there is a history of broken promises
  23. 23. Conciliation
  24. 24. Conciliation Conciliation involves a third part, who may make suggestions to the parties.
  25. 25. Conciliation Conciliation involves a third part, who may make suggestions to the parties. The decisions are not binding
  26. 26. Arbitration
  27. 27. Arbitration Arbitration involves an independent third party who actually makes suggestions and actually imposes a decision on the parties.
  28. 28. Arbitration Arbitration involves an independent third party who actually makes suggestions and actually imposes a decision on the parties. The magistrates’ court refers all civil disputes involving claims less than 10,000 to arbitration
  29. 29. Arbitration Arbitration involves an independent third party who actually makes suggestions and actually imposes a decision on the parties. The magistrates’ court refers all civil disputes involving claims less than 10,000 to arbitration Arbitration is binding
  30. 30. Advantages of ADR
  31. 31. Advantages of ADR Often takes less time than court
  32. 32. Advantages of ADR Often takes less time than court Less formal than courts
  33. 33. Advantages of ADR Often takes less time than court Less formal than courts confidential, unlike a court, which is usually open to the public
  34. 34. Advantages of ADR Often takes less time than court Less formal than courts confidential, unlike a court, which is usually open to the public Held at more suitable venues
  35. 35. Advantages of ADR Often takes less time than court generally cheaper than litigation Less formal than courts confidential, unlike a court, which is usually open to the public Held at more suitable venues
  36. 36. Advantages of ADR Often takes less time than court generally cheaper than litigation Less formal than courts not adversarial and therefore confidential, unlike a both parties can court, which is usually come away from open to the public the process feeling as if they Held at more suitable venues have won
  37. 37. Disadvantages of ADR
  38. 38. Disadvantages of ADR Not suitable for all disputes
  39. 39. Disadvantages of ADR Not suitable for all disputes Decisions are not legally binding (except Arbitration)
  40. 40. Disadvantages of ADR Not suitable for all disputes Decisions are not legally binding (except Arbitration) Dispute may still end up in Court
  41. 41. Disadvantages of ADR Not suitable for all disputes Decisions are not legally binding (except Arbitration) Dispute may still end up in Court Need both parties to voluntarily participate

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