ADR Flashcards
What are the 5 types of alternative dispute resolution?
-Tribunals
-Arbitration
-Conciliation
-Mediation
-Negotiation.
What is the issue with civil courts?
-Expensive
-Lengthy
-Complicated.
What are the benefits of ADR?
-Resolved in private
-Cheaper
-Maintains relationship between parties because they are both involved in decision making.
Whose reforms encouraged out of court resolutions?
Lord Woolfs.
What is meant by arbitration?
-An independent arbitrator decides.
-Most formal option
-Small claims procedure a form of this.
Who generally uses arbitration?
Businesses, Trade unions and professionals.
Which company often uses arbitration to deal with complaints made by holidaymakers?
The association of British travel agents.
What does S1 of the arbitration act 1996 say?
impartial tribunal without unnecessary delay or expense.
What is the Scott V Avery Clause of arbitration?
If there is any further disputes it must be settled through arbitration
Courts can enforce this under S9
What happens at an arbitration hearing?
-convenient date/time
-can be done in writing ‘paper arbitration’
-commonly lawyers and witnesses attend.
Facts in regard to an arbitrator of a case?
-can be chosen by parties
-sometimes have a special skill
-The institution of arbitrators pick if they can’t choose.
When can arbitration be challenged and who is it challenged to?
Kings bench division if on a point of law or there has been a serious irregularity.
What is meant by a concilliation?
-Like mediation but conciliator plays a more active role.
-Neutral third party who will make suggestions and can offer a non-binding resolution.
What is ACAS (conciliation)
Service for disputes between employers and employees.
What do companies sometimes use conciliation for?
To assess the strength of their case before taking it to court.
What is meant by negotiation?
-very informal
-Negotiation of a settlement
-Happen before court sometimes- people often ending sorting it before the court date.
What is meant by mediation?
-Third party to help reach settlement
-Will not make suggestions but encourage a decision on own.
-Mini trial between parties and mediator sometimes.
Who often uses mediators?
-Family disputes- divorce babe divorce (family law act 1966)
-Businesses
-Government
-Local councillors to solve neighbour disputes
What is involved in a tribunal?
-3 people- two experienced in the area + one legal professional.-
-judge or panel makes the decision
-Have the power to impose fines and penalties + compo and costs
Examples of types of tribunals?
-Rent Tribunals
-Child Support Appeal Tribunals
What is an administrative tribunal?
-set up by government to allow citizens to appeal against powerful organisations.
ADR types anogram?
Treats and cakes mean nanny
