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.
