ADR Flashcards
Arbitration act 1996
Provides a framework for enforcing arbitration agreements
Case for Arbitration Act 1996
Scott V Avery (1856): Made scott v avery clause: parties ignored clause saying they had to go to arbitration first.
Define Mediation
Impartial third party helps disputing parties reach a mutually acceptable resolution.
Is mediation legally binding?
No
Define Arbitration
Arbitration is a decision made for two parties by a neutral party (the arbitrator), which is binding.
Under what act are families required to undergo mediation in cases including things like child custody?
Child and families act 2014
What meeting do families need to undergo under the child and families act 2014?
Mediation information and assessment meeting (MIAM).
In what sector is conciliation normally used?
Sports industry and family matters
Definition for conciliation
Where a third-party helps parties come to an agreement but does not make a binding decision.
Is it possible for conciliation to be binding if certain measures are met?
Yes, If an agreement is met and something like a court order is made then it can be.
Under what act do family matters go to conciliation?
Family Law Act 1996
CASE for conciliation
Luis Suarez (2014): Bit Chiellini during World Cup
Is negotiation binding?
NO, unless they make their decision into a legal contract