Chapter 6- Alternative Methods of dispute resolution

Question 1

What is ADR

Answer 1

These are alternatives methods used instead of going straight to court to deal with disputes

Question 2

Give the different types of ADR

Answer 2

Negotiation
Conciliation
Mediation
Arbitration

Question 3

What takes place in Negotiating

Answer 3

This is when 2 parties decide to talk and settle the dispute themselves. It could be either phone or face to face.

Question 4

What are 3 strengths of Negotiating

Answer 4

Cheaper
quickest ADR
private

Question 5

What happens if Negotiating does not resolve

Answer 5

They usually bring in the advice of solicitors

Question 6

Give one weakness of Negotiating

Answer 6

These cases can sometimes drag for a long time and the longer the negotiating the higher the cost

Question 7

What is conciliation

Answer 7

This involves having a neutral individual (The conciliator) Who is able to listen to both parties needs and interests to reach a compromise solution

Question 8

Advantages of conciliation

Answer 8

-Privacy
-Not strictly legal
-Can allow companies to work together in the future
-Avoids the adversarial conflict

Question 9

A weakness of conciliation

Answer 9

• At times this leaves cases not completely resolved, making them drag.
• A conciliator may force a resolution
• It is not always binding.

Question 10

What is Mediation

Answer 10

This involves a neutral trained mediator who aims to get a compromised solution.

Question 11

What is the role of the mediator

Answer 11

To consult both parties and observe how much common good there is between them.

Question 12

There are 2 forms of Mediation

Answer 12

formalised settlement conference
mediation services

Question 13

what are mediation services and give an example

Answer 13

These are several commercial mediation services
-West Kent mediation.- For neighbours

Question 14

Strengths of Mediation

Answer 14

-Is not strictly legal
-Avoids the adversarial conflict
- allows both parties to work together in the future
-can narrow down the issues so if taken to court, it won’t take too long.

Question 15

weaknesses of mediation

Answer 15

-not biding
-can sometimes not lead to a settlement
-one party may not be involved in the process.

Question 16

what is the main difference between Mediation and conciliation

Answer 16

In conciliation, the neutral party is more in control and orders what should be done by either party however in mediation the parties are in control.

Question 17

What is arbitration and mention the Act

Answer 17

Arbitration Act 1996
This involves the Arbitration act and is where Both parties fully submit their case to the judgement of another person other than a judge

Question 18

When can an agreement to arbitrate occur

Answer 18

-this can happen any time
- usually in the original contract the case of Scott V Avery is present which means if any dispute arises, arbitration will take place.

Question 19

What happens when both parties cannot agree on the amount of arbitrators that should be present

Answer 19

Then the Act will decide for them for up to one arbitrator present solely

Question 20

What happens in an arbitration hearing
*3

Answer 20

-Parties will submit a paper arbitration where it will include all their issues and what they plan on resolving
-If necessary, witness can be involved. If they are then the Act shall allow similar court proceeding ensuring the presence of witnesses
-The time, place and date are all decided by the parties

Question 21

What is an award

Answer 21

this is the final decision made by arbitration

Question 22

What happens when the award is challenged

Answer 22

This is if there are several irregularities or a point of law has been touched on then may be taken to court.

Question 23

Give 3 strengths to arbitration

Answer 23

-Flexibility
-Informal hearings
-an expert in the fields can be present rather than explaining all technicalities to the judge
-cheaper than court
-is private from the public
-the award is normally final
- quicker dispute resolution

Question 24

Give 3 weaknesses of arbitration

Answer 24

-Arbitrators can be expensive
-Equality may not be present
-an unexpected legal point may appear and this cant be touched by a non- lawyer arbitrator
-formal hearings are expensive
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