alternative dispute resolution Flashcards
what does Alternative Dispute Resolution refer to?
a range of techniques for resolving disputes without having to go to court
what are advantages of choosing ADR?
-avoid lengthy and expensive litigation
-flexible and cost effective
-bring speedy conclusion to problem
what do the Civil Procedure Rules require?
for both parties to attempt ADR and court should be the last option
what are the four methods of ADR?
negotiation, mediation, conciliation, arbitration
NEGOTIATION:
what does negotiation process consist in?
an informal approach between the parties themselves or their lawyers
what is a strength of negotiation?
quickest and cheapest form of ADR
what does it mean by negotiation being informal?
two individuals resolving dispute face to face
what is an example of negotiation?
consumer dispute when returning goods and getting a refund
how can it be formal?
asking qualified negotiators to act on behalf the parties
what is a weakness of it becoming formal?
can become costly as this is where the pre-trial process begins
when can sometimes negotiations not be reached until?
the day set to go to court
is negotiation legally binding?
agreements are NOT legally binding and have to go to court if nothing happens
what happens if negotiation breaks down?
goes to court but it is advised that another form of ADR is attempted
MEDIATION:
what is involved in mediation?
a third party is involved who is unconnected to parties making it neutral
what is the purpose of mediation?
to reach an agreement
what is the mediator not allowed to do?
to give their opinion on the issue and they are supposed to simply mediate the parties
what is the main duty of a mediator?
- help parties define their positions
- clarify their petitions
-arrange appointments until solving case
what will a mediator firstly hold?
MIAM (mediation information and assessment)
what does the MIAM do?
decides whether mediation will work and assess whether the parties are emotionally ready
what is involved in being a good mediator?
-trained to give assistance in the way of researching good and satisfactory solutions
what is mediation based on?
voluntariness, confidentiality and dialogue
what is mediation used in?
family matters and employment matters (small claims)