Advantages and Disadvantages of ADR

Mediation Advantages:

• Good alternative to long and expensive court proceedings and will hopefully reduce the number of divorces dealt with by the courts.
• Average mediation costs = £535 when the average for court = £2,823
• Mediator is independent and is chosen by the parties
• Provides people with quicker, cheaper, and more harmonious ways of dealing with disputes
• The new scheme will not apply to victims of domestic violence, protecting the victim and avoiding acrimonious meetings between the parties
• All discussions are confidential and held in private - usually on neutral ground
• The agreement is legally binding - it can be enforced by the courts
• There is evidence to suggest that some matters are resolved better through mediation
• There is an objective ref

Mediation Disadvantages:

• It is not compulsory to commit after the initial assessment so some people choose to go to court anyway
• Successful mediation takes about 3-5 days - whereas courts can reach a solution in a day
• Lots of mediators tend to be lawyers, but it is not a requirement so there may be no legal expertise available and a legal point may arise
• Many take legal advice alongside mediation, so actually these people save very little money
• Some are worried about being in the same room as an ex and so this can cause stress and anxiety
• If no agreement is reached, the parties have to start again
• The parties are not allowed to use the content of sessions as evidence in legal proceedings

Negotiation:

• It's quick and easy
• Involves a private contract
• Cheaper than going to court
• Informal/unofficial/unwritten

Conciliation:

• Conciliator takes an active part
• Allows for non-legal common sense solutions
• Achievable solutions likely
• Possibly still a risk of court
• Cheap, quick and convenient

Arbitration Advantages:

• The parties can choose their own arbitrator
• Expertise available
• The hearing time and place can be arranged to suit the parties
• The actual procedure is flexible and can be partially chosen by the parties
• The matter is dealt with in private
• The dispute will be resolved more quickly than through a court hearing
• Arbitration tends to be cheaper than going to court
• The award is final and can be enforced by the courts

Arbitration Disadvantages:

• The rights of appeal are limited
• An unexpected legal point may arise which is not suitable for decision by a non-lawyer arbitrator
• If a professional arbitrator is used, their fees could be high
• It will also be expensive if the parties opt for a formal hearing