ADR Flashcards

1
Q

Arbitration act 1996

A

Provides a framework for enforcing arbitration agreements

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2
Q

Case for Arbitration Act 1996

A

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

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3
Q

Define Mediation

A

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

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4
Q

Is mediation legally binding?

A

No

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5
Q

Define Arbitration

A

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

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6
Q

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

A

Child and families act 2014

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7
Q

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

A

Mediation information and assessment meeting (MIAM).

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8
Q

In what sector is conciliation normally used?

A

Sports industry and family matters

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9
Q

Definition for conciliation

A

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

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10
Q

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

A

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

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11
Q

Under what act do family matters go to conciliation?

A

Family Law Act 1996

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12
Q

CASE for conciliation

A

Luis Suarez (2014): Bit Chiellini during World Cup

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13
Q

Is negotiation binding?

A

NO, unless they make their decision into a legal contract

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14
Q
A
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