ADR Flashcards
Whose reforms of the civil courts encourages ADR?
Lord Woolf
What is negotiation? + give an example
Parties reach an agreement themselves with no third party, however may act through solicitors e.g. disputes between neighbours
What is a mediator?
A neutral third person that helps the parties reach a compromise. They pass messages between each part. They do not give an opinion unless asked. Resolution cannot be imposed on the parties
What is an example of a mediation service?
Relate - relationship mediation service
What does the conciliator have the power to do?
Suggest grounds for compromise or settlement
What do conciliators do?
Take an active role, find out each parties’ position then suggest the possible basis for a settlement. Cannot seek evidence or call witnesses
What is an example of conciliation?
Industrial disputes using ACAS
What is arbitration?
The parties agree to allow their dispute to be left to the judgement of a neutral arbitrator
What Act governs arbitration?
Arbitration Act 1996
What is the Scott Avery Clause?
Clause in contract that in the event of a dispute parties will go to arbitration
In most cases, who is the arbitrator?
An expert in the field involved, but if there is a point of law involved the parties may involve a lawyer
What are the two forms of arbitration procedure?
Paper or formal court like hearing
What can the courts do in arbitration?
Enforce the decision
What does s.68 of the Arbitration Act 1996 state?
An award by the arbitrator can be challenged in court for serious irregularity in proceedings or on a point of law
What are some examples of arbitration?
ACAS, ABTA
