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
2
Q
Mediation
A
Mediator help disputing parties reach agreement.
Outcome not binding unless terms r adopted in contract or recognised by court
3
Q
Conciliation
A
Intervention role in bringing parties together. Suggesting solutions.
Once agreed it is binding
4
Q
Civil procedure rules
A
Rule 1.4: encourages adr and help parties settle
- 4: allow court to grant a stay for settle if 1/more parties request adr
- 5: if party fails to do adr then can be penalised