ADR

Question 1

What is ADR

Answer 1

Resolving dispute before/ so you don’t have to go to court

Question 2

What does ADR stand for

Answer 2

Alternative dispute resolutions

Question 3

What are the 4 types of ADR

Answer 3

Mediation, arbitration, negotiation and conciliation

Question 4

What does mediation include

Answer 4

An independent 3rd party meeting with the parties to try and get them to reach a settlement

Question 5

What will the mediator not do

Answer 5

Make decisions as they will push them to make the decisions themselves

Question 6

What form may mediation come in

Answer 6

A mini trial

Question 7

Where is mediation common and what does this mean

Answer 7

Family disputed which means mediators are often trained in counselling skills

Question 8

What act was introduced that encouraged divorcing couples to use mediation

Answer 8

The family law act 1996

Question 9

Who is mediation popular with and why

Answer 9

Businesses so then they can continue dealings in the future and local councils as they can help with neighbour disputes

Question 10

Mediation is not what

Answer 10

Not legally binding

Question 11

What is arbitration

Answer 11

Parties agree to have their dispute decided by an independent arbitrator who will then decide the outcome of their case

Question 12

Who is arbitration popular with

Answer 12

Businesses, trade unions and professions to settle disputes

Question 13

What clause do businesses place in contracts that state if there is a dispute, it will be resolved by arbitration

Answer 13

Scott v Avery clause

Question 14

What can the hearing be

Answer 14

As formal or informal as the parties like

Question 15

How is it decided when an arbitration hearing will take place

Answer 15

A time and date is set out that is convenient for both parties

Question 16

What do most formal hearings involve

Answer 16

Lawyers and witnesses can attend

Question 17

What is paper arbitration

Answer 17

The parties submit their dispute in writing to the arbitrator who will then decide who to
grant the award.

Question 18

What can there be before the final award is made

Answer 18

The parties can meet with the arbitrator

Question 19

Who are arbitrators

Answer 19

Lawyers or personnel with expertise in the specific area

Question 20

Who decides the arbitrators

Answer 20

The parties are free to choose who they would like

Question 21

How many arbitrators can they choose

Answer 21

Just one or a panel

Question 22

Who provides the parties with arbitrators if the parties cannot agree

Answer 22

Institute of arbitrators

Question 23

What is the decision made by the arbitrator

Answer 23

Legally binding and the awards can be enforced by the courts

Question 24

When is an arbitrators decision enforced

Answer 24

Immediately unless they have referred a point of law to the high court

Question 25

What act states the award can be challenged by the KBD on a point of law or if there has been a serious irregularity

Answer 25

S69 of the arbitration act 1996

Question 26

What is required to appeal to the KBD

Answer 26

Leave to appeal

Question 27

What is negotiation

Answer 27

The first action that is typically taken before anything else does

Question 28

When may negotiations take place and between who

Answer 28

Between both parties solicitors on the run up to a court date

Question 29

What offer can be given before a trial that encourages settlements

Answer 29

Part 36 offer

Question 30

What happens if the other side fails to beat the part 36 offer at trial

Answer 30

There will be cost consequences

Question 31

What is negotiation not

Answer 31

Not legally binding unless a formal contract is made and signed

Question 32

What is conciliation

Answer 32

A form of dispute where an independent 3rd party helps to solve a dispute

Question 33

What does the conciliator do

Answer 33

Meet with parties separately and go between the 2 suggesting solutions to the problem hoping to get a compromise to solve the dispute or reach a settlement

Question 34

What do conciliators not have the authority to do

Answer 34

See evidence and call witnesses

Question 35

What is the decision of conciliation not

Answer 35

Not legally binding unless agreed by the parties that it should be legally enforceable

Question 36

When can the parties in conciliation go to court

Answer 36

If the compromise is not agreed on by both parties

Question 37

What can conciliators also do regarding their opinion

Answer 37

They can give non binding advice

Question 38

What organisation uses conciliation for disputes between employees and employers

Answer 38

ACAS (advisory conciliatory and arbitration services)

Question 39

Why might conciliation be used by companies

Answer 39

So they can assess how strong their case is before they take it to court

Question 40

Advantages of ADR

Answer 40

Cheaper, more control, expertise, more privacy, more flexible and faster

Question 41

Disadvantages of ADR

Answer 41

The parties may not be willing, inequality, costs can end high, no guarantee of resolution, not always legally binding and smaller settlements than a court