ADR

Question 1

What is ADR?

Answer 1

Alternative Dispute Resolutions - settle cases without going to court.

Question 2

What are the 5 types of ADR?

Answer 2

Negotiation
Mediation
Mediation services
Conciliation
Arbitration

Question 3

Describe negotiation

Answer 3

Two people/parties resolve issue by themselves - if they can’t then hire solicitors means more costs and time

Question 4

Describe mediation

Answer 4

Neutral third party mediates. Does not offer an opinion unless asked. Not legally binding. Parties can leave at any time.

Question 5

Example for mediation

Answer 5

Family mediator association - divorce and child custody.

Question 6

Example for negotiation

Answer 6

Two neighbours

Question 7

What is mediation services?

Answer 7

Companies which settle disputes

Question 8

An example of mediation services?

Answer 8

Centre for Dispute Resolutions - many large companies and London law firms use this.

Question 9

How many disputes has the Centre for Disputes sorted?

Answer 9

In 2016 - 10 000 saving £2.8 billion in time and legal fees.

Question 10

What is conciliation?

Answer 10

Similar to mediation but third party takes a more active role - can suggest a settlement. Both parties can leave at any time and not legally binding.

Question 11

Example for conciliation?

Answer 11

ACAS

Question 12

What is arbitration?

Answer 12

Submit their claims to a private arbitrator or a panel of arbitrators who decide on a settlement. ( like a judge )

Question 13

Example of arbitration?

Answer 13

Package holiday contracts
Commercial contracts - Scott v Avery clause

Question 14

What act is arbitration under and what does it state?

Answer 14

Arbitration act 1996
Courts should refuse to deal with incidents where arbitration is agreed on so it can happen.

Question 15

What do the parties have to agree on?

Answer 15

What type of hearing - in person or not
Time, date and place

Question 16

What is the decision called and is it final?

Answer 16

Award and it’s legally binding but can be challenged if conducted incorrectly or a point of law.

Question 17

What are 4 adv of arbitration? A03

Answer 17

1) Arbitrator is expert - no witnesses
2) Parties choose date, time and place
3) Private - no bad publicity
4) Cheaper and quicker than court

Question 18

What are 4 disadv for arbitration?

Answer 18

1) No legal funding
2) Individual V business isn’t fair - lawyer costs
3) A point of law may need to be resolved - delay or jeopardise
4) If a professional arbitrator is used costs might = court.

Question 19

5 adv of mediation and conciliation?

Answer 19

1) Quicker and cheaper than litigation
2) Simpler more formal - less stress
3) Confidential- no bad publicity
4) Tries to preserve relationships
5) Avoids adversarial aspect of court - a lot better than winner/loser result

Question 20

4 disadv of mediation and conciliation?

Answer 20

1) Not guaranteed to be successful - wastes time and money
2) Not legally binding
3) Many citizens are not aware of them
4) Need a skilled mediator for it to be fair - avoid one bullying another into a settlement.