ADR

Question 1

ADR

Answer 1

Alternate dispute resolution

Question 2

4 ways to dispute resolution

Answer 2

Negotiation, mediation, conciliation, arbitration

Question 3

Negotiation

Answer 3

Occurs at any time during a claim

Often still ongoing ‘at the door of the court’

Rare a case would go to court without negotiation first

Question 4

Mediation

Answer 4

A neutral mediator helps parties reach a solution to a dispute confidentially

Mediators can’t suggest ways to solve dispute, but they can consult the parties involved

Mediators are professional but can’t give legal advice.

A downside to mediation is that there may not be a decision at all at the end of the

Question 5

Conciliation

Answer 5

Similar to mediation but a conciliator plays an active role like suggesting grounds for compromise but they can’t force anything

Question 6

Arbitration

Answer 6

Both parties must agree to submit claims to private arbitration

There is no appeal process, but you can go to court to appeal it

Arbitrators decision is called an award

Governed by the Arbitration Act 1996

Question 7

Arbitration Act 1996

Answer 7

Obtain a fair resolution of disputes by impartial tribunal without delay or expense

Both parties have to be willing to do arbitration unlike court, where you have to nonetheless

Question 8

Scott V Avery clause

Answer 8

Some contracts use this clause saying that any disputes/issues with the contract will be solved by arbitration.

Ie you can’t take them to court