adr Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

what are the four types of alternate dispute resolution?

A

Negotiation
Mediation
Conciliation
Arbitration

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

what is negotiation?

A

Directly dealing with the person or organisation causing the problem

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

Who is negotiation done by?

A

An individual or a representative

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

Is negotiation binding

A

No, but it can be if you want it to be

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

what is mediation?

A

Independent mediator, who acts as a go-between to help find a solution to the problem

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

Who decides what will happen in mediation?

A

The parties involved

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

Is mediation binding

A

No, but consent orders can make it binding

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

what is conciliation?

A

Similar to mediation
A neutral third-party is overseeing the dispute
The conciliator will play a more active role and advise on the legal positions of the parties and suggest ground for compromise

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

Is conciliation binding

A

No

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

What is arbitration?

A

An agreement by disputing parties to appoint an independent arbitrator, who hair both sides and make a binding decision

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

what is arbitration governed by?

A

The arbitration act, 1996

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

Is arbitration binding

A

Yes, and it can be enforced by a court

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

what makes commercial contracts contain in arbitration

A

A Scott v Avery clause

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

what is a Scott V Avery clause.

A

Both parties agree to use arbitration in their original contract and court will not hear these cases

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

what types of cases is arbitration usually used for?

A

Business cases

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

How many arbitrators are usually usually involved?

A

One to 3

17
Q

What are the three types of arbitration?

A

paper
Hearing with witnesses
Paper followed by oral submission

18
Q

What is paper arbitration?

A

Arguments and forms are submitted via forums, which are read by arbitrator

19
Q

what is hearing with witnesses arbitration?

A

Paper submissions and hearing, including witness statements

20
Q

What is paper followed by oral submission arbitration

A

Paper, submissions and statements from both parties