ADR

Question 1

Arbitration act 1996

Answer 1

Provides a framework for enforcing arbitration agreements

Question 2

Case for Arbitration Act 1996

Answer 2

Scott V Avery (1856): Made scott v avery clause: parties ignored clause saying they had to go to arbitration first.

Question 3

Define Mediation

Answer 3

Impartial third party helps disputing parties reach a mutually acceptable resolution.

Question 4

Is mediation legally binding?

Answer 4

No

Question 5

Define Arbitration

Answer 5

Arbitration is a decision made for two parties by a neutral party (the arbitrator), which is binding.

Question 6

Under what act are families required to undergo mediation in cases including things like child custody?

Answer 6

Child and families act 2014

Question 7

What meeting do families need to undergo under the child and families act 2014?

Answer 7

Mediation information and assessment meeting (MIAM).

Question 8

In what sector is conciliation normally used?

Answer 8

Sports industry and family matters

Question 9

Definition for conciliation

Answer 9

Where a third-party helps parties come to an agreement but does not make a binding decision.

Question 10

Is it possible for conciliation to be binding if certain measures are met?

Answer 10

Yes, If an agreement is met and something like a court order is made then it can be.

Question 11

Under what act do family matters go to conciliation?

Answer 11

Family Law Act 1996

Question 12

CASE for conciliation

Answer 12

Luis Suarez (2014): Bit Chiellini during World Cup

Question 13

Is negotiation binding?

Answer 13

NO, unless they make their decision into a legal contract