ADR Rules Flashcards
What can be incorporated into a court order or judgment following an ADR process?
Terms of settlement of a dispute
This is applicable when proceedings have been issued.
What types of relief can be made as consent orders without involving a judge?
- Common law relief (money, delivery of goods)
- Stay or dismissal of the case
- Costs
How can settlements in existing court proceedings be recorded?
- Settlement agreement
- Judgment for immediate payment
- Judgment for an agreed sum with a stay of execution
- Informing the court of settled terms on counsel’s briefs
- Informing the court of settled terms recorded in a contract
- Entry of a consent order
- Consent order staying all further proceedings
- Consent order providing for ‘no order’ save as to costs
- Recording the agreement in a Tomlin Order
True or False: A settlement reached after proceedings have been issued must be recorded in a court order.
False
Agreed terms can be recorded in letters or contracts.
What does ‘immediate payment’ mean in the context of court judgments?
Payment within 14 days
This timeframe may not be suitable for all judgment debtors.
What is the purpose of endorsing settlement terms on backsheets?
To provide evidence of the oral agreement
Lawyers typically sign each other’s endorsements to signify agreement.
What can interim consent orders be used for?
To record compromise agreements once proceedings have been issued
This applies if there has been a pre-commencement application for an interim order.
What distinguishes a true consent order from a simple submission to an order?
A true consent order is based on a real contract with essential requirements like consideration
It can only be set aside on grounds applicable to contracts.
What is the default position regarding costs in litigation?
Costs usually follow the event
The unsuccessful party is ordered to pay the successful party’s costs.
Fill in the blank: In ADR, the default position is that _______.
each party will pay their own costs
What should terms regarding costs in a settlement comply with?
Requirements of the CPR
This ensures the terms are effective.
List possible agreements regarding costs in a settlement.
- Each side bears its own costs
- One side contributes a stated sum towards the costs of the other side
- One side pays a percentage of the other side’s costs
- One side pays the costs of the other side
When must a claim form be served?
No later than one month from issue, in person, by post, or by electronic means.
