ADR=NOT APPROPRIATE Flashcards
What dispute cannot be resolved by ADR?
cases involving public law rights
why might legal precedent make ADR inappropriate?
only a court judgment can provide a legal precedent (if case relates to intepretation)
what is the concern abour ADR and legal precedent?
unreported + confidential dispute=ossify common law=dependent on cases
when might an outcome only be achieved by a court order?
declaration of legal rights, amendment of the register of company members
can ADR still help when outcome can only be achieved by the court?
yes can agree terms of the order to be made
are interim orders only issued by the court?
yes
how can ADR still be used with interim orders?
can be used once interim order is made, court may order ADR before/after proceedings
what can arbitrator do with interim orders?
may have power to make relevant orders, parties agree to ADR