ADR

Question 1

Alternative dispute resolution

Answer 1

-resolving a dispute without going to court

Question 2

4 types of ADR

Answer 2

-negotiation
-conciliation
-mediation
-arbitration

Question 3

Negotiation

Answer 3

-resolve dispute directly
-modern method
-online or in person
-may involve solicitor
-private, easy and minimal cost

Question 4

Mediation

Answer 4

-3rd party referee
-can not suggest ways to compromise
-popular in family cases
-Family law act 1996
-modern method
-online or mediation centre
-mediation information and assessment meeting compulsory 2011for divorce, £140
Dunnett v Railtrack, adverse costs to people who refuse mediation

Question 5

Conciliation

Answer 5

-3rd party, active role
-common in industrial disputes
-prevention rather than cure approach
-used in access to service for disabled

Question 6

Arbitration

Answer 6

-Arbitration Act 1996
-common in commercial and sporting
-award binding
-flexible procedure
Scotty v Avery clause: agreement to arbitration before contract
-S1 fair and impartial without delay or expense
-S15 agree on number of arbitrators 1 to 3
-can be specialised or legal pro
-Institution of arbitrators provides training for major disputes
-Paper or oral hearing