ADR

Question 1

Most common methods?

Answer 1

Mediation
Arbitration
Negotiation
Conciliation

Question 2

What does it do?

Answer 2

Solves disputes outside of the court process

Question 3

1996 Woolf report?

Answer 3

Highlighted importance of resolving disputes without going to court. Felt that ADR enabled parties greater control, judges now able to grant “stay in proceedings”. Key difference is that judges now encourage ADR as a more suitable method for settling disputes.

Question 4

Negotiation

Answer 4

Parties settle disputes by discussing themselves. Aim is to reach a compromise, since 1999 a claimant is required to try and negotiate as part of the pre action protocols. Negotiation my be done by them or their lawyers.

Question 5

Advantages and disadvantages of negotiation

Answer 5

Ads: cheap as there is no need for lawyers, can be used at any point until beginning of trial, both parties achieve satisfaction and relationships can continue
Disads: many people bluff and often settle on day of trial wasting peoples time and money, some lack legal expertise meaning fair settlement may not be reached, some people are better negotiators means a fair settlement is not achieved

Question 6

Mediation

Answer 6

Neutral person helps parties reach a compromise by acting as facilitator. Doesn’t offer opinions both parties remain in control and can withdraw at any time.