ADR

Question 1

What are adjudicative processes?

Answer 1

Adjudicative processes involve a third-party decision maker who renders a final decision on a dispute after considering the arguments and evidence presented.

Question 2

What is an example of an adjudicative process?

Answer 2

Arbitration is an example of an adjudicative process, where an arbitrator makes a binding decision similar to a court decision.

Question 3

What are non-adjudicative processes?

Answer 3

Non-adjudicative processes involve a neutral third party who facilitates the parties’ discussion and negotiation to help them reach a mutually acceptable resolution.

Question 4

What is an example of a non-adjudicative process?

Answer 4

Mediation is an example of a non-adjudicative process, where a mediator helps the parties communicate and reach a voluntary, mutually agreeable resolution.

Question 5

What are expert determination and early neutral evaluation (ENE)?

Answer 5

Expert determination and ENE are also examples of non-adjudicative processes. In expert determination, a neutral third party provides an opinion or decision on a technical or specialized matter, while in ENE, a neutral third party provides a non-binding evaluation of the dispute to help the parties assess their case.

Question 6

Why is it important to understand the difference between adjudicative and non-adjudicative processes?

Answer 6

Understanding the difference between these processes is important for anyone interested in alternative dispute resolution, as it can help you choose the right approach for your dispute and maximize your chances of reaching a successful resolution.

Question 7

Limitation for personal injury

Answer 7

The limitation period for personal injury claims is indeed 3 years. See sections 11(1) and 11(4) of the Limitation Act 1980.