Alternative Dispute Resolution Flashcards
Why would people want to settle disputes outside of court?
Because court can be costly and stressful.
What are the 4 main methods of alternative dispute resolution?
> Arbitration.
Mediation.
Conciliation.
Tribunals.
What is arbitration?
When both parties agree to be bound by the decisions of the arbitrator, who is an expert in the field and may or may not be legally qualified.
When was the ARBITRATION ACT made?
1996.
How is arbitration commonly used in commercially?
Often contracts will contain a clause referring future disputes to arbitration.
How are cases decided in arbitration?
Parties can settle on the grounds of commercial fairness, rather than strict legal grounds.
Are the decisions of arbitration final?
Yes, decisions are enforceable through court.
What is mediation?
When a trained person facilitates communication, this can be done without the two parties meeting.
Are the decisions of mediation final?
Any agreement between the two is recorded and is then legally binding.
What happens if mediation does not result in a settlement?
Then parties have to go to court.
What is conciliation?
A less formal version of mediation.
What is a tribunal?
They decide the rights of individuals against government departments in a variety of cases EG: Tax, planning, immigration, employment disputes etc…
Who decides cases in tribunals?
Legally qualified tribunal judges, usually assisted by a panel of two lay persons.
