ADR Flashcards

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1
Q

‘at the door of court’

What is meant by negotiation?

A
  • Parties can attempt to reach an agreement by negotiating
  • Most imformal/cheap/quickest methord of ADR
  • No guarentee the matter will be solved, can drag on for years, often parties reach a settlement ‘at the door of court’
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2
Q

neutral person

What is meant by mediation?

A
  • Neutral person helps them to reach compromise
  • Explores their
    Important in family cases parties’ position separately and goes back and forth to do this
  • Usually don’t share their thoughts on an outcome
  • Only useful if there is cooperation
  • Important in family cases
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3
Q

judged by someone (not a judge)

What is meant by Arbitration?

A
  • the objective of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense”
  • Parties essentially choose to have their dispute judged by someone (not a judge)
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