adr Flashcards
what are the four types of alternate dispute resolution?
Negotiation
Mediation
Conciliation
Arbitration
what is negotiation?
Directly dealing with the person or organisation causing the problem
Who is negotiation done by?
An individual or a representative
Is negotiation binding
No, but it can be if you want it to be
what is mediation?
Independent mediator, who acts as a go-between to help find a solution to the problem
Who decides what will happen in mediation?
The parties involved
Is mediation binding
No, but consent orders can make it binding
what is conciliation?
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
Is conciliation binding
No
What is arbitration?
An agreement by disputing parties to appoint an independent arbitrator, who hair both sides and make a binding decision
what is arbitration governed by?
The arbitration act, 1996
Is arbitration binding
Yes, and it can be enforced by a court
what makes commercial contracts contain in arbitration
A Scott v Avery clause
what is a Scott V Avery clause.
Both parties agree to use arbitration in their original contract and court will not hear these cases
what types of cases is arbitration usually used for?
Business cases
