Dispute resolution Flashcards

1
Q

Mediation is one form of what is known as _____?

A

alternative dispute resolution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Mediation is voluntary but requires ____of all the parties involved before it can go ahead.

A

consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Mediation is carried out by a neutral, ____third party called mediator

A

impartial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

This third party is also sometimes known as a ____?

A

facilitator

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

He / she spends time with all the parties involved in joint session and also in private meetings known as ____?

A

caucus

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Resolutions and settlements are based on _____ and on mutual agreement and acceptance

A

compromise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A mediation process is said to be ‘without _____” which means that anything that was said during the mediation cannot be used if there is no agreement and the case has to go to court.

A

prejudice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

If an agreement is reached and the parties sign a written agreement, this agreement becomes binding and the parties are obliged to _____it. This can then be enforced contractually if necessary

A

honour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

______involves all parties in the dispute appearing before a tribunal

A

arbitration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

An _____ is usually an expert in a particular field, and so this form of dispute resolution may be preferable in disputes where specialist knowledge is required

A

arbitrator

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

unlike mediation, arbitration involves an ______which will probably benefit one side in the dispute more than the other(s).

A

adjudication

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

This form of dispute resolution is also less private than mediation, and information may end up in the_____?

A

public domain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly