ADR Flashcards
What does ADR stand for?
Alternative Dispute Resolution
Name the four main types of ADR.
Negotiation, Mediation, Arbitration, Conciliation
Why is there a big emphasis on ADR now?
To resolve disputes without litigation, promote fair and just outcomes, and reduce court congestion.
Which Civil Procedure Rule links with ADR?
Civil Procedure Rules, Part 1.
What type of ADR was used to settle Charlotte Church’s phone hacking claim?
Negotiation.
Give two advantages of negotiation.
- It is private and can be low-cost. 2. Allows parties to directly communicate and find a settlement.
What does MIAM stand for?
Mediation Information Assessment Meeting.
What type of issues does MIAM address?
It assesses whether a case is suitable for resolution through mediation.
Give two advantages of mediation.
- Generally cheaper than court proceedings. 2. Confidential discussions allow for a more amicable resolution.
Give two disadvantages of mediation.
- Non-binding if parties do not agree to the outcome. 2. Can be prolonged if parties do not reach agreements quickly.
What is the difference between conciliation and mediation?
Conciliation involves a third party suggesting solutions, while mediation facilitates parties to find their own.
Which service provides conciliators?
ACAS (Advisory, Conciliation and Arbitration Service).
Give one advantage to conciliation that is different from mediation.
Conciliation actively provides solutions which may facilitate an agreement.
Which Act governs arbitration in the UK?
The Arbitration Act 1996.
What does the ‘Scott v Avery’ clause pertain to?
It pertains to parties agreeing to arbitrate disputes before entering into a contract.
What is a Paper Hearing in arbitration?
It is when both sides submit written arguments and documents to the arbitrator.
What is an Oral Hearing in arbitration?
It is a hearing where parties present oral submissions to the arbitrator.
What is the decision made by the arbitrator called?
An award.
Name one advantage of choosing your own arbitrator.
Parties can select an arbitrator with expertise relevant to their dispute.
What is a disadvantage of arbitration if a professional arbitrator is involved?
The fees for a professional arbitrator can be expensive.
What is a common disadvantage of arbitration compared to litigation?
Limited rights to appeal.
Why might arbitration be considered more private than court?
Arbitration proceedings are not public and maintain confidentiality.
Name two types of cases where negotiation might be preferred.
Family disputes and neighbor disputes.
When did MIAMs become compulsory for divorcing couples?
2011
