Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law- Paper 1 section A > ADR > Flashcards

ADR Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is ADR

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does ADR stand for

A

Alternative dispute resolutions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the 4 types of ADR

A

Mediation, arbitration, negotiation and conciliation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does mediation include

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What will the mediator not do

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What form may mediation come in

A

A mini trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Where is mediation common and what does this mean

A

Family disputed which means mediators are often trained in counselling skills

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What act was introduced that encouraged divorcing couples to use mediation

A

The family law act 1996

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who is mediation popular with and why

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Mediation is not what

A

Not legally binding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is arbitration

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Who is arbitration popular with

A

Businesses, trade unions and professions to settle disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

Scott v Avery clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What can the hearing be

A

As formal or informal as the parties like

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How is it decided when an arbitration hearing will take place

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What do most formal hearings involve

A

Lawyers and witnesses can attend

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is paper arbitration

A

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

18
Q

What can there be before the final award is made

A

The parties can meet with the arbitrator

19
Q

Who are arbitrators

A

Lawyers or personnel with expertise in the specific area

20
Q

Who decides the arbitrators

A

The parties are free to choose who they would like

21
Q

How many arbitrators can they choose

A

Just one or a panel

22
Q

Who provides the parties with arbitrators if the parties cannot agree

A

Institute of arbitrators

23
Q

What is the decision made by the arbitrator

A

Legally binding and the awards can be enforced by the courts

24
Q

When is an arbitrators decision enforced

A

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

25
Q

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

A

S69 of the arbitration act 1996

26
Q

What is required to appeal to the KBD

A

Leave to appeal

27
Q

What is negotiation

A

The first action that is typically taken before anything else does

28
Q

When may negotiations take place and between who

A

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

29
Q

What offer can be given before a trial that encourages settlements

A

Part 36 offer

30
Q

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

A

There will be cost consequences

31
Q

What is negotiation not

A

Not legally binding unless a formal contract is made and signed

32
Q

What is conciliation

A

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

33
Q

What does the conciliator do

A

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

34
Q

What do conciliators not have the authority to do

A

See evidence and call witnesses

35
Q

What is the decision of conciliation not

A

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

36
Q

When can the parties in conciliation go to court

A

If the compromise is not agreed on by both parties

37
Q

What can conciliators also do regarding their opinion

A

They can give non binding advice

38
Q

What organisation uses conciliation for disputes between employees and employers

A

ACAS (advisory conciliatory and arbitration services)

39
Q

Why might conciliation be used by companies

A

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

40
Q

Advantages of ADR

A

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

41
Q

Disadvantages of ADR

A

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

Law- Paper 1 section A (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions