ADR

Question 1

negotiation

Answer 1

●CPR 1998rule 1.4 requires courts to encourage Adr
●CPR26.4: enables in oses to stop court proceedings if adrr is possible
●negotiation is the easiest and simplest form to solve a dispute between people /businesses
●Face to face, writing email,phone,writing
●agreement can be werbal or written
●can be conductedby party themselves or lawyers,representatives
●cost if lawyers are involved
●can take placeup unti1 court proceedurgs even if original negoticition was unsuccessful

Evaluation

Adv:
●cheapest form of ADR
●private and confidential,no publicity
●Big companies may offer a settlement rater than going through a costly law cases which creates precedent for future cases
●very quick unless lawyers involved

dis:
●only works if partys willing to co-operate
●becomes costly when lawyers involved
●does not createprecedent for future

Question 2

Mediation

Answer 2

●neutral and independent 3rd Party meets with parties in dispute to help reach a settlement
●Won’ t give opinions unless asked to so let partos decide themselves
●often used in family disputes
●Partys have to try mediation before goung to court
●CPR 1996act encourages divorced couples to use it
●CEDR promotes two service as effective, acso provides ttraining for mediators
●mediators often trained in counselling skills
●mini trial: Each side presents an case to a neutral plan icluding a decision making executive from each party
neutral advisor will help executive evaluate both sides and reach an agreement
If executives can’t agree then neutraladvisor will act as a mediator
●Even if this doesn’t settle the matter it weeps to narrow the issue for when it goes to court

Eval

Adv;
●parties can with draw atany time
●

Question 3

conciliation

Answer 3

●similiar to mediation
●Conciliator plays a more active role by discussing issues with partys also suggest grounds for comprisation
●partys still have control over it and can withdraw at any time
●ACAS:Inscived in industrial disputes e.g trade union strikes asso haps employ ment disputes reacha settlement before reaching employment tribunals
●Does not neccsessarily lead to a resolution so may have to continue with court action
●has no authority to seek evidences or call witnesses
●despite offering suggestions, it is non-binding
●a association
British vehicle renting and leasing association:indus and rental companies

Question 4

arbitration

Answer 4

●when 2 partys agree to have their disputes decided by an arbitrator/panel of arbitrators, agreement will most likely be written and before /after dispute arises
●Scott v avery clause:commercial contracts have a clause stating that if dispute arises it will besolved by arbitration
●Arbitration act 1996: aimof act is to obtain fair and impartial resolution,with uneccessary cost I delay
date and time will be agreed by partys in consultation with the arbitrator ,Partys are free to agree to the number of arbitrators)coverts can also appoint one if partys can’t agree
●hearings can be formal/informal
partys agrees suitable form e.g paper arbitration on formal hearing
●all relevant documents given to arbitarotor in the first instance then oral submissions will be heard
●this type of hearing will be live a court heaving so can include witnesses
●legal procedures can be used to call the witnessess
●End decision made by arbitrator is called an award which can be enforced in the same manner as a court judgement ,deision is final
●decision is open to challenge if on a point of law or serious irregularity in proceedings
●ABTA deals with arbitration services for those who experienced problems with holidays booked through ABTA members