Conflict Avoidance Flashcards

1
Q

3 Pillars of dispute resolution

A

Mediation
Arbridtation
Adjudication

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2
Q

Types

A

Mediation - facultative (discussion between parties) and evaluative (expert in field)

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3
Q

Independent Expert

A

Must be knowledgeable in field
Impartial
Decision is binding

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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

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5
Q

Arbitration

A

-Arbitration Act 1996
-More formal than an independent expert
- Process determined by lease

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