chapter 1 Flashcards
1
Q
what happens in adjudicative ADR?
A
independent third party reaches impartial decision on dispute
2
Q
why is adjudicative ADR more preferable than litigation?
A
flexible and more privacy
3
Q
how do parties control the form of ADR process?
A
set by a contractual agreement between the parties
4
Q
what is covered by the contractual agreement?
A
form of ADR, person or body to carry it out, material available to third parties, acecess to third party
5
Q
when can ADR be subject to oversight?
A
when agreed process is not followed and 3rd party decision is tainted
6
Q
how are all forms of ADR conducted?
A
private and confidential
7
Q
what are the adjudicative options?
A
arbitration, adjudication, expert determination
