Civil Disputes and ADR

Question 1

What are the different types of ADR

Answer 1

Negotiation - Mediation - Conciliation - Arbitration

Question 2

Negotiation

Answer 2

1st Stage and can often take the longest

Question 3

Mediation

Answer 3

Involves a neutral solicitor

Often used to resolve Company Disputes due to it being significantly cheaper (max of £2,000)

Question 4

Conciliation

Answer 4

Same as Mediation however, the neutral party is more active.

Question 5

Arbitration

Answer 5

Neutral party still participates.
Decision is legally binding
Matters are kept private
More flexible than courts.

Question 6

Scott v Avery Clause (Arbitration)

Answer 6

If two parties enter a contract then the problem should enter Arbitration as the first stage and not go straight into court.

Question 7

Negotiation - Advantages

Answer 7

• No need for legal representation
• Cheapest method
• Agreements on future business deals can be reached
• Can happen at any point

Question 8

Negotiation - Disadvantages

Answer 8

• Doesn’t always reach a resolution.

- Doesn’t work without co-operation of parties

Question 9

Mediation/Conciliation - Advantages

Answer 9

• All parties in control and an agreement can’t be reached without both parties
• ## Doesn’t need to follow legal points