ADR Flashcards

1
Q

Arbitration

A

Sole a or a tribunal 3 a’s, appointed by parties to adjudicate dispute.
Decision will be legally binding

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2
Q

Mediation

A

Mediator help disputing parties reach agreement.

Outcome not binding unless terms r adopted in contract or recognised by court

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3
Q

Conciliation

A

Intervention role in bringing parties together. Suggesting solutions.
Once agreed it is binding

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4
Q

Civil procedure rules

A

Rule 1.4: encourages adr and help parties settle

  1. 4: allow court to grant a stay for settle if 1/more parties request adr
  2. 5: if party fails to do adr then can be penalised
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