Conflict Avoidance Flashcards
1
Q
3 Pillars of dispute resolution
A
Mediation
Arbridtation
Adjudication
2
Q
Types
A
Mediation - facultative (discussion between parties) and evaluative (expert in field)
3
Q
Independent Expert
A
Must be knowledgeable in field
Impartial
Decision is binding
4
Q
PACT v County Court
A
PACT:
- terms referred to independent expert or arbitrator
- Decision is final
County Court:
- Judge decides outcome
- Decision is final
- Not expert in field
5
Q
Arbitration
A
-Arbitration Act 1996
-More formal than an independent expert
- Process determined by lease