1. ADR Options Flashcards
MUST a party engage in ADR?
They don’t HAVE to but must state reasons for refusal
What needs to be filed to refuse ADR?
Witness statement within 21 days stating reasons for refusal
Effect of not accepting ADR?
Potentiallly affect costs you recieve
What must courts consider when staying proceedings for parties to engage in ADR?
- Not impair claimant’s right to trial
- proportionate to aim of settling disputes quickly, fairly and proportionate to costs
Without prejudice meaning?
Trial judge does not know until costs are assessed
Process of mediation?
- choose independant 3rd party
- each party sends written statements to them
- identify issues in disputes
- frank discussiosn with no prejudice
- non-binding outcome reached
Advantages of mediation?
- commercial creative solution from 3rd party
- cheaper + more efficient than arbirtation/litigation
- preserve business relatioship
- withdraw at any time
- privacy
Disadvantages of mediation?
- not binding outcome + enforceement not automatic
- not for complex cases
- privacy - no right to explain yourself
- withdraw at any time
- limited disclosure
Arbitration Process
- Arbitrator appointed by contract/chosen
- arbitration process
- binding solution
Advantages of Arbitration?
- Expert - creative commercial solutions
- preserve business relationship
- less formal than court
- cheaper + quicker than litigation
- privacy
Disdvantages of mediation?
- cannot use litigation
- no injunction available
- private
- binding solution
- limited disclosure
When is litigation used?
As the last resort
District Judges are in..
County Court and High Court (claims up to £25k)
Circuit Judges are in…
County Court (claims OVER £25k)
Overview of different stages in litigation?
- Pre commencement
- Commencement (issue claim form)
- Allocated to a track
- Interim matters
- Trial
- Post-trial
