Civil Courts & ADR: ADR Flashcards
What does Lord Woolf’s reforms actively encourage?
Parties to seek to resolve disputes outside of the civil courtrooms
Who used ADR?
Businesses
Individuals
Other organisations
What are the types of ADR?
Negotiation
Mediation
Conciliation
Mediation
What is negotiation?
Parties reach agreement themselves
Can act through solicitors
E.g., Disputes between neighbours
What is mediation?
A neutral third party acts a facilitator
Don’f offer opinion unless asked
Take a passive role
Both parties have control, can withdraw at any time
E.g., Relate is a relationship mediation service
What is conciliation?
Similar to mediator but can go further
Have power to suggest grounds for compromise/settlement
Take active role
Parties have control, can withdraw at any point
E.g., Industrial disputes using ACAS
What is arbitration?
Parties voluntarily leave the judgement to arbitrator/panel of arbitrators
Must use Scott Avery Clause if in contract
Arbitrator is expert in particular field
Binding decision
Can be enforced by courts
E.g., holiday contracts
