ADR - Negotiation, Mediation, Concilliation, Arbitration

Question 1

N M C A. What do these mean?

Answer 1

Negotiation, Mediation, Conciliation, Arbitration

Question 2

What is the difference between N M C A?

Answer 2

N - just the 2 parties, quickest cheapest & least formal, informal = face to face formal = solicitors
M - neutral 3rd party no opinion, lasts no longer than 1day
C - neutral 3rd party with active role and make suggestions, can’t seek evidence or call witnesses, ACAs must follow before claim
A - independent 3rd party, parties agree on arbitrator date procedure and venue decision called an award, legal representation is advised

Question 3

Give some egs of when N may be used? Success rates of N? What does ‘at the door of court mean’ in N?’

Answer 3

Can settle any civil dispute. 95% success rate and not legally binding. Settle just before the trial is due to start as the legal costs and risk of losing are brought sharply into focus.

Question 4

Give some examples of when M may be used? What are the success rates of M?

Answer 4

Any civil dispute to settle a disagreement equally eg divorce. 93% success rate and not legally binding.

Question 5

Give some examples of when C may be used? What are the success rates of C?

Answer 5

Employment disputes and family law disputes. Not always successful and not legally binding.

Question 6

Give some egs of when A may be used? What are the success rates of A? What is the ‘Scott v Avery’ clause in A?

Answer 6

Business disputes. Legally binding and can be appealed against. S v A It can be a requirement to arbitrate