Much less formal is not bound by strict rules of evidence and procedure This makes it less intimidating and cheaper do not have to hire legal representation Conducted in a safe and supportive environment ID: 561718
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Slide1
Strengths and weaknesses of dispute resolution methods used by the courts and VCATSlide2
Much less formal-
is not bound by strict rules of evidence and procedure. This makes it less intimidating and cheaper (do not have to hire legal representation)Conducted in a safe and supportive environmentCheaper than litigationConfidential- unlike court system which is open to the public Voluntary- which means parties can leave at any time
Strengths of ADRSlide3
Flexible-
can be modified to suit the needs of the partiesBroader range of solutions availableMore likely to reach a solution that will be followed- as parties can tailor a resolution or compromise that suits themNot adversarial- and therefore both parties can feel as if they have ‘won’Frees up the courtsStrengths of ADRSlide4
Decision is not binding-
(although at the conclusion of mediation or conciliation a binding deed of settlement can be drawn up)One party may compromise too much because they are trying to compromise as much as possibleOne party may be more manipulative or stronger than the other partyIt may not be appropriate in all situations
Weaknesses of ADRSlide5
One party may
choose not to attend the resolution process if it is voluntaryIt is not appropriate in most criminal casesIf a decision cannot be reached it may have to proceed to court anyway Weaknesses of ADRSlide6
Decision is binding
and can be enforced through the courtsJudicial officers are experienced professionalsParties may feel more satisfied with the formality of having a judge decide a caseIt is appropriate for both civil and criminal cases
Strengths of judicial determinationSlide7
It is usually
expensive, due to court fees and the need to engage legal representationJudicial officers are bound by formality in their dispute resolutionParties may feel dissatisfied with the outcome due to the adversarial nature of court proceedingsAppeals are costly and time consumingWeaknesses of judicial determination