ADR

Question 1

What is arbitration?

Answer 1

Most formal type of ADR, disputes are heard by an independent arbitrator.

Question 2

Whats the name/ purpose of the cause businesses may put in their contracts?

Answer 2

Scott v Avery clause- if a dispute arises they must use arbitration.

Question 3

How is the arbitrator picked and what happens at the hearing?

Answer 3

The parties chose an arbitrator who will be experienced in that specific area.
They chose a mutually convenient time and date, and submit any documents or information which may be relevant to the case.
The arbitrator then makes a binding decision which is effective immediately.

Question 4

What is conciliation and who is the conciliator?

Answer 4

This is less formal than arbitration, the conciliator plays an active role in trying to solve the dispute.
The conciliator is a neutral third party who offers suggestions and the a non-binding solution at the end.

Question 5

What is mediation?

Answer 5

The mediator offers no suggestions to solve the dispute but they enable the parties to do so for themselves.
It helps the parties to reach a non-binding outcome.

Question 6

What is negotiation?

Answer 6

The parties just talk to each other to try to reach an agreement, its usually used at the beginning of a court case to prevent it going further.