ADR=NOT APPROPRIATE Flashcards

1
Q

What dispute cannot be resolved by ADR?

A

cases involving public law rights

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2
Q

why might legal precedent make ADR inappropriate?

A

only a court judgment can provide a legal precedent (if case relates to intepretation)

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3
Q

what is the concern abour ADR and legal precedent?

A

unreported + confidential dispute=ossify common law=dependent on cases

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4
Q

when might an outcome only be achieved by a court order?

A

declaration of legal rights, amendment of the register of company members

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5
Q

can ADR still help when outcome can only be achieved by the court?

A

yes can agree terms of the order to be made

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6
Q

are interim orders only issued by the court?

A

yes

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7
Q

how can ADR still be used with interim orders?

A

can be used once interim order is made, court may order ADR before/after proceedings

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8
Q

what can arbitrator do with interim orders?

A

may have power to make relevant orders, parties agree to ADR

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