Alternative Dispute Resolution

Question 1

Define ADR.

Answer 1

Alternative dispute resolution (ADR) is the term used to describe ways of resolving a dispute without having to go to court.
There are many different forms of ADR, but the one thing they have in common is that they all have the potential to resolve a dispute without any court involvement.

Question 2

What is the purpose of the WOOLF Report?

Answer 2

• it is to encourage ADR

Question 3

What does the 1999 Civil Procedure Rules state?

Answer 3

• it allows judges to ‘stay’ court proceedings
• this is to stop the court proceedings temporarily so that the parties can try mediation or other ADR methods.

Question 4

What did the Access to Justice Act 1999 consist of?

Answer 4

• legal aid
  -New ways of assessing whether a litigant should be funded
  -likely to encourage ADR
  -deciding whether they should be funded is whether any method other than taking a case to court is more suitable.

Question 5

Define negotiation.

Answer 5

• Anyone who has a dispute with another person can always try to resolve it by negotiating directly with them

Question 6

What are the advantages of negotiation

Answer 6

• private
  -the quickest and cheapest method of settling a dispute
• solicitors can also negotiate on behalf of the clients.

Question 7

What are the disadvantages of negotiation

Answer 7

• once lawyers are involved there will be a cost element - the longer the mediation goes on the higher the costs will be.
• Often a number of cases drag on for years only to end in an agreed settlement literally ‘ at the door of the court’ on the morning the trial is due to start.

Question 8

Define mediation.

Answer 8

• when a neutral mediator helps the parties to reach a compromise solution
• a mediator consults with each party and see how much common ground there is between them .
• he will explore the position with each party, looking at their needs and carrying offers to and from.
• a mediator will not normally tell the parties their own views.
• but can be asked for their own opinion which then becomes an evaluation exercise.

Question 9

What is an advantage of mediation.

Answer 9

-it can take different forms and the parties will choose their exact method they want.
- Parties are in control - they make decisions

Question 10

Give an example of mediation services.

Answer 10

• West Kent Independent Mediation Services which is run by volunteers who will not take sides of judgements. It arranges a meeting between the two parties - parties are in control.

Question 11

What does the Centre for Dispute Resolution 1991 consist of?

Answer 11

• it includes many important companies as members - Big London law firms.

Question 12

What are some more advantages of mediation?

Answer 12

• saves a great deal of money. Mediator case is 1,500 whereas a court case can be 100,000
• the decision does not need to be strictly based on the law.
• more likely to be based on common sense and compromise.
• helps narrow down matters so even if a case goes to court it won’t be a long trial
• allows companies to do business with each other in the future

Question 13

What are the disadvantages of mediation?

Answer 13

• no guarantee that the matter will be resolved , and will have to court to court anyway
• Additional cost and delay - but evidence does suggest that a high number of cases will be resolved.
  -amounts paid in mediated services are often lower than the amount settled in court
• mediation requires a skilled mediator - can become bullying tactic for weaker side if mediation is inexperienced.

Question 14

State some extra facts about mediation.

Answer 14

• not legally binding
• no winner / loser result of court proceedings - with mediation everyone wins
• if the mediation session does not resolve the dispute, the parties are more lily to settle the case without going to court than in non mediated cases.

Question 15

What is conciliation?

Answer 15

• neutral third party helps to resolve disputes but the conciliator plays an active role
• suggest ground for comprise and the possible bases for settlements.

Question 16

What are the advantages of conciliation?

Answer 16

• saves a great deal of money. Mediator case is 1,500 whereas a court case can be 100,000
• the decision does not need to be strictly based on the law.
• more likely to be based on common sense and compromise.
• helps narrow down matters so even if a case goes to court it won’t be a long trial
• allows companies to do business with each other in the future

Question 17

What is disadvantage of conciliation?

Answer 17

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