Strengths & Weaknesses of ADR's

[maddihanna]

Does anyone have any good notes/points for the strengths and weaknesses of the ADR's seperately?
(E.g. S/w's of mediation, s/w's of arbitration etc etc)

Thanks in advance!!

[meganrobyn]

Firstly, try not to think of them as "ADRs" anymore - the legal community has been moving away from that terminology (replacing it with things such as 'appropriate dispute resolution', which can logically, in some situations, include judicial determination). They're not really 'alternatives' to anything anymore, as all methods are used by both courts and VCAT, and usually (for mediation and conciliation) in addition to a JD or arbitration hearing/trial.

Then, set up a table or something with five columns. In the first column write a feature, such as 'Role of the third party', 'How the outcome is reached' and 'Rules of evidence and procedure'. Then, put a different method in each of the remaining four columns. For each method, ask yourself what you know about that feature, then write what is good and what is bad about the way that particular method does it.