1. Dispute Resolution Options Flashcards
When did the Civil Procedure Rules come into force?
26 April 1999
What is the overriding objective of the Civil Procedure Rules (CPR)?
To enable the court to deal with cases justly and at proportionate cost.
What may be imposed on a party if they unreasonably refuse an offer to use ADR?
The court may impose sanctions.
What must parties do before commencing proceedings?
Seek to resolve the dispute amicably by exhausting all ADR options.
What does an Arbitration decision provide?
A final and binding decision to a civil dispute.
Can Arbitration decisions be appealed?
There is generally no right to appeal unless there has been a serious irregularity in the proceedings.
If a Claimant wanted to appeal an arbitrator’s decision, which court would he appeal to?
The High Court.
What are the advantages of Arbitration?
- Can be quicker and cheaper than litigation.
- More informal and less adversarial than litigation.
- Proceedings are held in private.
- The Arbitrator will be an expert in the subject matter.
- An impartial third party makes the decision.
- The decision is final and gives certainty.
What are the disadvantages of Arbitration?
- Could be considered a parallel court system, but with no real right of appeal.
- Using an arbitration expert or panel can be costly.
- The process can be time-consuming.
What is Mediation?
An informal process of ADR involving the parties to a dispute and an independent mediator.
Is Mediation binding?
No, mediation is not binding unless the parties agree to make a resolution binding upon them.
What are the advantages of Mediation?
- Less formal than court.
- Quicker and cheaper than litigation.
- Confidential process.
- Can preserve the relationship between parties.
- The mediator is independent and objective.
- The parties can agree to make an outcome binding.
- The parties are free to walk away at any time.
What are the disadvantages of Mediation?
- Hiring a mediator can be costly.
- Parties usually pay their own costs.
- Difficult to ensure parties are on an equal footing.
- Provides no certainty, as no binding decision.
What is the difference between Conciliation and Mediation?
In Conciliation, the Conciliator will put forward potential solutions to the parties.
What is Negotiation?
A form of ADR in which the parties will engage in correspondence to try and find a solution to the dispute.
