Conflict Avoidance / Dispute Resolution Flashcards
What are the benefits of using ADR?
- Speed
- Low cost on legal fees
- Confidentiality
- Informality
What is Arbitration?
Arbitration is a form of ADR.
Its where an arbitrator decides a dispute, acting in accordance with statute (Arbitration Act 1996)
They produce a binding decision and have the power to award costs.
They cant be sued for negligence but their decision can be appealed.
Usually done through written proceedings.
What is Independent Expert Determination?
An expert that produces a decision that binds the parties.
They have a duty to carry out investigation to reach a decision.
Ability to determine costs is set out in contract.
Can in theory be sued for negligence but is very hard to overturn decision.
What is PACT?
Professional Arbitration on Court Terms
Used to settle tenancy renewals under L&T Act 1954.
What is Mediation?
Neutral mediator who helps aid discussion.
No decision making authority.
Tell me about Acting as an Expert Witness.
Expert witness in front of a tribunal.
Act in accordance with Guidance Note and Practice Statement
Duty is to the tribunal, not to a part.
Must be honest and act independently and unbiased.
Tell me about Acting as an Advocate.
Can represent a client in certain tribunals.
Duty to client.
Must adhere to GN on Acting as an Advocate.
Allowed to advance their case by fair and proper means.
What are the 3 types of dispute resolution?
Negotiation
Mediation
Arbitration
What do you know about the current investigation into Justin Sullivan?
JS was acting as an expert Witness in a case regarding moths in a Notting Hill residential property.
Nick Maclean became acting president while the regulation team review JS involvement in the case.
Judge was unsatisfied by JS performance as an Expert Witness an made a number of comments.
No conclusions have yet been made about further action.
