ADR: Conciliation/Negotiation/Joint Settlement Meetings Flashcards
What is conciliation?
What will the conciliator do?
Is it confidential?
If successful what happens?
Facilitative dispute resolution process in which a neutral third party seeks to assist the parties in a dispute to reach a settlement
Conciliator will facilitate a negotiation between the parties
Confidential, without prejudice basis
If successful, terms of settlement will be recorded in an agreement
How takes part in negotiation?
____ and relatively ______
What happens if agreement is reached by phone?
Process is subject to what principles?
Parties directly or through representatives
Flexible and relatively informal
If by phone — oral contract reached but terms should be clarified and record in written agreement
Process subject to contractual principles — so once have offer and acceptance even by phone/email, as long as terms are clear, having binding agreement even if precise wording yet to be agreed
- What must have a lawyer have to settle?
- What happens is an agreement is reached by a lawyer?
- It is common for lawyers to ….?
- Lawyer will be under a …?
- Lawyer must have authority to settle
- Party will be bound even if the agreement is not within the lawyer’s instructions provided by the client
- Agree terms subject to client’s approval
- Profession duty to ensure terms are complete and clear and that they act within their authority
When does the settle trial become binding?
Court will only enforce if ….?
Binding as soon as agreed, unless otherwise agreed
Terms are clear
What is involved in a joint settlement meeting?
What normally happens, who normally attends?
This process, can be very ….
parties can agree or a judge may make an order
Normally attended by parties and representatives, each party are in separate rooms. Barrister then meet in a third room to discuss and exchange potential offers
… cost effective
