ADR

Question 1

Mediation

Answer 1

-involves an independent third party to get disputing parties to reach a settlement
-they don’t make suggestions but instead facilitate, may be a mini trail
-used for divorce and other family issues, popular with businesses so they can continue future deals
-NOT LEGALLY BINDING

Question 2

Negotiation

Answer 2

-least formal way to solve an argument, decide on settlement before further action is taken
-a part 36 offer may be made (offer in writing)
-often continue whilst parties are awaiting trail, many settle out of cour
-costs and consequences for the other side
-popular with business (private)
-not legally binding unless formal contract is made

Question 3

Conciliation

Answer 3

-less formal then arbitration, similar to mediation
-conciliator has an active role trying to solve dispute
-neutral third party
-usually used by company’s to asses strength of case before court

Question 4

Arbitration

Answer 4

-most formal, parties agree to have their dispute decided by an independent arbitrator
-S1 The Arbitration Act
-Scott v Avery clause, parties agree to only use arbitration in future disputes

Question 5

The Hearing

Answer 5

-may be as formal or informal as parties decide
-paper arbitration, submit their dispute in writing, arbitrator decides who to grant reward to
-can be short and involve lawyers and witnesses

Question 6

The Arbitrator

Answer 6

-parties are free to choose who they are (can be lawyer or expert in area of dispute)
-choose single or panel
-institution of arbitrators provide

Question 7

The Reward

Answer 7

-Legally binding and can be enforced by the courts