Explore tens of thousands of sets crafted by our community.
Alternative Dispute Resolution Methods
20
Flashcards
0/20
Conciliation
Similar to mediation, but the conciliator plays a more active role in suggesting terms of settlement. Advantages: can provide a framework for future agreements, private, and may be quicker than trial. Disadvantages: not binding, decisions may be seen as less impartial, and may not be suitable for all disputes.
Online Dispute Resolution (ODR)
Using technology to facilitate the resolution of disputes through the internet. Advantages: greater accessibility, cost-effective, and convenient. Disadvantages: may raise privacy concerns, less suitable for complex cases, and lack of personal touch.
Arbitration
A method where a dispute is submitted to one or more arbitrators who give a binding decision. Advantages: quicker than court, expertise of arbitrator, confidentiality. Disadvantages: can be costly, limited appeal options, and may lack procedural protections.
Negotiation
A process where parties come together to discuss the issue and reach a mutually acceptable agreement. Advantages include: privacy, cost-effectiveness, and full control by the parties involved. Disadvantages: may not resolve deep-rooted issues and no formal enforcement mechanism.
Peer Review
A process in which a panel of coworkers or organizational members evaluates a dispute. Advantages: encourages employee engagement, cost-effective, and utilizes internal knowledge. Disadvantages: potential for bias, may not be taken seriously, and confidentiality concerns.
Summary Jury Trial
A mock trial with a jury that provides advisory verdict. Advantages: gives a sense of how a real jury might react, prompts settlement discussions, and is less costly than a full trial. Disadvantages: advisory only, still requires significant preparation, and actual jury verdict may differ.
Early Neutral Evaluation
An expert's assessment of the merits of a case, given early in the dispute. Advantages: provides an objective outlook, may resolve disputes early, and educates parties on case strengths. Disadvantages: non-binding, could add to costs if not settled, and the evaluator's opinion may not be fully objective.
Mediation
A voluntary process where a neutral third-party, the mediator, facilitates communication to help parties reach a settlement. Advantages: maintains relationships, faster resolution, and private. Disadvantages: no guarantee of resolution, may require multiple sessions, and depends on parties' willingness to compromise.
Ombudsman
An independent, impartial person who investigates and resolves individual complaints. Advantages: can offer a fair and independent review, usually free for complainants, and can recommend systemic changes. Disadvantages: recommendations are not always binding, limited authority, and may not be equipped to handle all types of disputes.
Facilitation
A third-party helps improve the group decision-making process without offering substantive input. Advantages: encourages participation, enhances group communication, and can make meetings more effective. Disadvantages: no substantive decision-making, outcome depends on group cooperation, and may be seen as unnecessary by some participants.
Dispute Review Boards (DRBs)
A board comprised of experts evaluates project disputes, primarily in construction. Advantages: ongoing project oversight, quick resolution of issues, and reduces litigation. Disadvantages: additional project cost, non-binding recommendations, and can create a perceived bias.
Contractual Agreement
A method where parties agree to resolve disputes by adhering to specific terms outlined in a contract. Advantages: clarity of process, reduces time spent on litigation, and can deter breaches. Disadvantages: potentially limits remedies, might require arbitration, and could be biased if one party had more bargaining power.
Faith-Based Arbitration
Dispute resolution follows religious principles and is overseen by faith leaders. Advantages: respects religious values, may offer a sense of community, and can be faster than civil courts. Disadvantages: may not be recognized by civil courts, potential for discrimination, and may limit rights and protections.
Private Judging
Parties hire a former judge to hear and decide their case privately. Advantages: faster than public court, flexible scheduling, and parties select the judge. Disadvantages: can be expensive, decision is still legally binding, and public record of judgment may be required.
Dispute System Design
Creating a comprehensive approach to managing organizational conflicts. Advantages: proactive conflict management, tailored to organization needs, and fosters a culture of resolution. Disadvantages: requires upfront investment, may be complex to design, and needs continuous adaptation.
Expert Determination
A process where an independent expert decides on a specific issue, often technical or financial. Advantages: quick resolution, expert knowledge applied, and less formal. Disadvantages: final and binding decision, limited to matters within the expert's field, and may be costly.
Case Evaluation
A non-binding process where a neutral third-party evaluates the strengths and weaknesses of the case. Advantages: educates parties about their cases, potentially avoids trial, and is confidential. Disadvantages: non-binding, might not be accepted by both parties, and requires full disclosure of case facts.
Hybrid Dispute Resolution Processes
Combines different methods, like med-arb, where mediation shifts to arbitration if not resolved. Advantages: flexibility to switch methods, potential for faster resolution, and can be tailored to the dispute. Disadvantages: may cause confusion, shifting roles could affect neutrality, and outcomes may be unpredictable.
Mini-Trial
A structured settlement process where each party presents their case to a panel that often includes a neutral third party. Advantages: helps identify strengths and weaknesses of a case, fosters mutual understanding, and could avoid a lengthy trial. Disadvantages: non-binding, time-consuming preparation, and may not lead to a settlement.
Collaborative Law
A legal process where parties and their attorneys commit to resolving disputes without court intervention. Advantages: promotes open communication, tailored solutions, and may preserve relationships. Disadvantages: if settlement fails, parties must hire new attorneys, which can increase costs and prolong resolution.
© Hypatia.Tech. 2024 All rights reserved.