ADR METHODS

Question 1

What is the aim of Negotiation

Answer 1

Aim is to reach a compromise or agreement to the satisfaction of both parties.

Question 2

Mediation

Answer 2

A confidential process through a medium(mediator) of an impartial party.

Question 3

Arbitration

Answer 3

An Impartial adjudicator whose decision the parties have to agree will be final & binding.

ADVANTAGES
Privacy, Easier enforcement in certain jurisdictions
Flexibility
Ability to choose a specialist

Question 4

Med-arb

Answer 4

Where the parties agree to mediate initially. In the event, it does not result in a satisfactory resolution, then move to arbitration.

Question 5

Early Neutral Evaluation (ENE)/ Expert Appraisal or Expert Evaluation

Answer 5

Independent party is appointed by the parties who provides a non-binding assessment of the the matters. The party provides an opinion.

Question 6

Expert Determination

Answer 6

Normally for commercial agreements. Parties have no power as to costs following his determination.

Question 7

Conciliation

Answer 7

Independent neutral party helps to resolve dispute

Question 8

ADJUDICATIVE ADR

Answer 8

Expert or neutral determination and Arbitration

Question 9

Non ADJUDICATIVE

Answer 9

Conciliation,Mediation and Early Neutral Evaluation ENE

Question 10

The consequences of non compliance of ADR

Answer 10

This will relate to costs and interest- decreasing or increasing the amount of cost or interest to be received.