Alternative Dispute Resolution (ADR)

Question 1

What is ADR and why do we use it

Answer 1

ADR is the method of settling disputes which doesn’t involve litigation. This is used as litigation is expensive and time consuming

Question 2

What are the 4 forms of ADR

Answer 2

Negotiation - Mediation - Conciliation - Arbitration

Question 3

Describe Negotiation

Answer 3

Negotiation is a form of direct communication. It can be used before resorting to legal advisors. It is quick, cheap and private. Even if court proceedings begin, lawyers will still negotiate

Question 4

Describe Mediation

Answer 4

A neutral 3rd party tries to compromise and consults both sides. This is client led and works best when both parties are willing to co-operate

Question 5

Describe Conciliation

Answer 5

A neutral 3rd party conciliator plays a more active role by suggesting grounds and settlement basis.

Question 6

Describe Arbitration

Answer 6

Parties agree to submit claims here. 3rd party now makes a judgement but is not a judge. It is binding and quick/cheaper than court

Question 7

What is the Arbitration act 1996 - Section 23

Answer 7

Regulates arbitration proceedings within the jurisdiction