ADR

Question 1

Advantages of ADR

Answer 1

-speed
-expertise
-privacy
-good terms
-cost to parties
-cost to state
-saving court time

Question 2

Disadvantages of ADR

Answer 2

-unequal bargaining power
-lack of legal expertise
-no system of precedent
-enforceability
-court action may still be required

Question 3

Main problems of civil courts

Answer 3

-expensive
-bad publicity
-often delays
-complexity
-trial involved winner and loser
-aggressive atmosphere in court
-may find procedures intimidating and stressful
-parties not in control

Question 4

Advantages of taking a case to court

Answer 4

-a final decision will be made
-could be quicker than using other methods
-professionals will be making the decision
-routes of appeal available
-remedies (settlements) gained in court are usually higher

Question 5

What did the 1999 Civil Procedure Act allow?

Answer 5

Judges to stop court proceedings so that ADR can be tried

Question 6

what are the 4 types?

Answer 6

negotiation
mediation
conciliation
arbitration

Question 7

summary definition of negotiation

Answer 7

the disputing parties try to come to a decision themselves
rarely they may choose to negotiate through a solicitor

Question 8

advantages of negotiation

Answer 8

-cheaper and quicker then court
-parties in control
-can be used at any point
-can include decisions about the future
-avoids negative business relations
-no publicity

Question 9

disadvantages of negotiation

Answer 9

-no guarantee of resolution
-may still have to go to court
-only suitable if parties co-operate
-can be lengthy if it drags on
-if a solicitor is needed i will add to the cost

Question 10

summary definition of mediation

Answer 10

the disputing parties are helped to come to a decision themselves with the use of a neutral third party
(mediator acts as a facilitator and cannot suggest solutions)

Question 11

what is the role of the mediator?

Answer 11

to find common ground between the parties

Question 12

what cases is mediation often used for?

Answer 12

divorce cases

Question 13

rule for family law cases

Answer 13

mediation must have been tried before a case can go to court (MIAM)

Question 14

advantages of mediation

Answer 14

-parties remain in control
-faster than court
-cheaper then court (CEDR)
-no publicity
-keeps good business relations

Question 15

what is CEDR
and statistics

Answer 15

the Centre for Effective Dispute Resolution
in 2016,they had around 10,000 cases and solved 80% of these,saved companies 2.8 bil pounds

Question 16

disadvantages of mediation

Answer 16

-may not be resolved
-not legally binding
-lower settlements than in court
-co-operation needed
-requires a skilled mediator
-doesn’t suit cases where there is an inequality of bargaining power

Question 17

summary definition of conciliation

Answer 17

the disputing parties are helped to come to a decision themselves with the use of a neutral third party who plays an active role in suggesting solutions

Question 18

what does ACAS stand for?

Answer 18

Advisory, conciliation and arbitration service

Question 19

What is ACAS?

Answer 19

used by many employers and trade unions to settle disputes.
provides free advice for employees/employers.
offers conciliation to both sides in unfair dismissal claims before claim taken to employment tribunal.
around 60% of unfair dismissal claims settled.

Question 20

advantages of conciliation

Answer 20

-cheaper and quicker than court
-parties in control
-no publicity
-avoids negative relations

Question 21

disadvantages of conciliation

Answer 21

-no guarantee of resolution
-solicitor is costly if needed
-co-operation needed
-not legally binding

Question 22

summary definition of arbitration

Answer 22

the disputing parties let a third party decide the outcome
the arbitrator is impartial but hears all the arguments and makes a decision based on the evidence.
the arbitrators decision is legally binding

Question 23

Arbitration Act 1996

Answer 23

the relevant law on arbitration
under s68 and s69, appeals may be on limited grounds to the high court

Question 24

Scott v Avery clause

Answer 24

the agreement to go to arbitration can be made by the parties at any time
it can be written into a business contract by a Scott v Avery clause

Question 25

legally binding (arbitration)

Answer 25

the decision made by the arbitrator must be followed
the decision is called an award and is legally binding to both parties

Question 26

advantages of arbitration

Answer 26

-guaranteed resolution
-legally binding
-parties can decide who they want to arbitrate and the number of arbitrators (institute of arbitrators)
-rarely any publicity
-less formal than courts
-arbitrator is a specialist

Question 27

disadvantages of arbitration

Answer 27

-legal aid not available
-appeals restricted
-inconsistencies in decisions (not bound by precedent)