adr

Question 1

What is arbitration?

Answer 1

The parties submit their claims to an arbitrator to settle and if they can’t, the courts use an informal procedure

Question 2

What is conciliation?

Answer 2

The use of a neutral person to resolve a dispute, the conciliator playing a more active role

Question 3

What is mediation?

Answer 3

The use of a neutral person to help parties come to a compromise

Question 4

What is negotiation?

Answer 4

The process of trying to come to an agreement

Question 5

What is the cheapest and quickest form of ADR?

Answer 5

Negotiation

Question 6

What is the most expensive form of ADR?

Answer 6

Arbitration

Question 7

What is a Scott v Avery clause?

Answer 7

a contract between 2 parties saying they will submit any future dispute to arbitration before taking any court action

Question 8

Advantages of negotiation

Answer 8

.cheap
.used at any time
.conducted by parties themselves

Question 9

Disadvantages of negotiation

Answer 9

.May not be successful so other ADR is used
.Not suitable for all cases
.Failure prolongs the issue

Question 10

Advantages of mediation

Answer 10

.Parties are in control
.they can withdraw at any time
.the decision need not be a legal one

Question 11

Disadvantages of mediation

Answer 11

.No guarantee the matter will be resolved

.The weaker party can be bullied into a settlement

Question 12

Advantages of concilliation

Answer 12

.Makes it easier for parties to do business in the future

.Avoids winner/loser of the court room proceedings

Question 13

Disadvantages of concilliation

Answer 13

.Amount paid in settlement is often lower than agreed

Question 14

Advantages of arbitration

Answer 14

.Parties can choose a lawyer or arbitrator
.flexible procedure
.private
.cheaper than court
.decision is final and enforcable

Question 15

Disadvantages of arbitration

Answer 15

.An unexpected legal point may crop up
.Large fees for legal help and hearings
.Rights of appeal are limited
.delays are as great as in court