ch 18

Question 1

what is the final stage of the ADR process?

Answer 1

recording a settlement

Question 2

what needs to be ensured in settling the agreement?

Answer 2

comprehensive, clear, detailed terms
client understands and accepts agreement
terms are appropriately recorded and enforceable

Question 3

issue if client disagrees with term but under a funding arrangement?

Answer 3

lawyer may be entitled to withdraw if client refuses reasonable settlement

Question 4

what should a lawyer do if client is publicly funded and refuses a reasonable offer to settle?

Answer 4

warn the client that there must a report to LAA which may lead to funding being withdrawn

Question 5

how are ADR agreements recorded?

Answer 5

governed by original agreement to use ADR

Question 6

what should the result of arbitration be?

Answer 6

an arbitration award

Question 7

result of early neutral evaluation?

Answer 7

report from neutral 3rd party

Question 8

result of mediation and negotiation?

Answer 8

oral agreement

Question 9

how to avoid uncertainty with agreements?

Answer 9

make everything only binding once written

‘subject to contract’

Question 10

how will successful non-adj ADR finish?

Answer 10

contract compromising the dispute

contractual principles apply

Question 11

what is full and final settlement?

Answer 11

whole of the dispute can no longer be litigated
replaced by terms of the compromise
make sure the dispute is defined

Question 12

what can happen if full and final settlement is not written with care?

Answer 12

party may then start or continue proceedings

Question 13

records made during ADR?

Answer 13

record it
agree who drafts the agreement
time limit to send the draft
costs

Question 14

when may it not be needed to record a settlement?

Answer 14

result is an apology, explanation or clarification

Question 15

when will a dispute need to be recorded?

Answer 15

relates to legal rights

Question 16

types of contracts?

Answer 16

oral, written, exchange of letters, other

Question 17

what agreements will result in an oral contract?

Answer 17

non-adj ADR

Question 18

how to enforce oral contract?

Answer 18

all elements

unless conditional-state it

Question 19

when will agreement result in exchange of letters?

Answer 19

many non-adj ADR
no need for formal documents
no proceedings=no court order
after proceedings=no court order=no need

Question 20

what happens with an exchange of letter?

Answer 20

solicitor on one side writes a letter setting out terms

other replies indicating agreement

Question 21

when will an exchange of letters form a contract?

Answer 21

where there is a clear offer and acceptance

Question 22

when will a formal written contract be needed with non-adj ADR?

Answer 22

complex terms
outcome is important
ongoing commercial relationship
law requires-consumer credit, legal assignment, guarantee, contract for sale of land

Question 23

what should be included in the formal written contract?

Answer 23

preamble setting out contract is to resolve a dispute
summarize matters that were in dispute
makes issues settled clear

Question 24

what happens if an original contract is being varied?

Answer 24

2 agreements: compromise and variations

Question 25

other types of documents?

Answer 25

deed or conveyance