ADR Flashcards
What is ADR?
Alternative dispute resolutions outside of the court if negotations between parties fail.
What is your companies complaints handling procedure?
Once in writing - BU Head - 3 days to responds, 10 days to investigate
If unsatisfied - MP - 10 days to respond
If unsatisfied - ADR - Property Ombudsmen or Business Arbitration
What are the advantages of using ADR?
Speed
Informality
Confidential
Cheaper
What steps are there in the ADR process?
Negotiation
Mediation
Adjucative processes (Either ADR or Litigation)
What is arbitration?
Fast and confidential
Parties are bound by the decision
Expert Knowledge
What is an independent expert?
Expert knowledge in the subject
They receive info on the dispute and investigate
Decision is binding
They can use their own opinions to make a decision
What is an expert witness?
Surveyor providing evidence
Duty of care = court
Can only be one if have expert knowledge , experience in the field and no COI
Negotation?
Parties try and find a solution together
Mediation?
Neutral 3rd party assists with the discussions of the 2 parties
Can’t impose a solution / not binding
Adjucative process
3rd party makes a decision
Advocate?
Duty is to the client
Can only be one if competent enough