Alternative dispute resolutions. Flashcards
1
Q
What are the ways cases can be solved outside of court?
A
- Arbitration
- Mediation/ conciliation
- Negotiation
- Tribunals
2
Q
What is negotiation?
A
- 2 parties communication directly to resolve a dispute.
- parties compromise on a solution.
- cheapest form of ADR.
- used for personal injury and neighbour disputes.
3
Q
Advantages of negotiation?
A
- speed
- informality
- cheap
- private
4
Q
Disadvantages of negotiation?
A
- imbalance of power.
- lack of legal expertise.
- outcome is not legally bounding.
5
Q
What is arbitration?
A
- 3rd party acts as a judge and decides the award.
- arbitrator normally has legal and specialist knowledge.
- Arbitration Act 1979 and 1996 set out rules and grounds for appeal.
- s1 states objective is to reach a fair resolution.
6
Q
Types of dispute dealt with by arbitration?
A
- trade and professional organisations.
- Chartered Institute of Arbitrators CIA can supply an arbitrator.
- Advisory, conciliation and arbitration service deals with employment claims.
7
Q
What is the procedure of arbitration?
A
- s5 states it is up to the parties to agree to the decision of the arbitrator in writing.
- Scott v Avery clause may be included in in their original contract. - court will refuse to deal with the dispute until arbitration has been used.
8
Q
Appeals for arbitration?
A
- s68 of the Arbitration act 1996 states a party can appeal to the High Court if there is a ‘serious irregularity’.
- under s69 a party can appeal on a point of law.
9
Q
Advantages of arbitration?
A
- expertise.
- privacy.
- enforceability of the award.
- cost.
- speed.
10
Q
Disadvantages of arbitration?
A
- lack of legal expertise.
- inconsistencies in decisions - arbitrator not bound by rules of judicial precedent.
- costs - surveyor will charge hourly or daily.
- Appeals - limited grounds.
- lack of awareness - Lord wolf in April 1999 promote more use.
