1. Methods of Dispute Resolution Flashcards
When can negotiation happen?
At any time in a case, pre or post-litigation
What does the fact negotiations are without prejudice mean?
Conversations cannot be relied on by parties or referred to in courts
Can a court order parties to consider alternative dispute resolution?
No
If a party considers ADR inappropriate, but does not set out their reasons, what can the court do?
Penalise the party in respect of legal costs that they can recover, or an order making them pay costs incurred by the other side as a result of the conduct
This applies to failure to follow Civ Pro rules generally
If a contract between two parties has an ADR clause, what will the courts do if one of the parties issues proceedings first?
The court will stay the proceedings
What is mediation?
Informal, confidential, and voluntary process in which a neutral third party assists the parties in reaching their own resolution
What are the three key features of mediation?
- Parties can walk away at any time
- Strict rules of evidence do not apply
- Mediation is non-binding until final written agreement is signed