Dispute resolution Flashcards
What act is the arbitration under
Arbitiation Act 1996
When would you use arbitation
Tenancy dispute (AHA an FBT)
How does arbitration work and is it legally binding
It is legally binding
The arbitator is given evidence and decides the outcome. It is typically cross examined between them
When is expert determination used
Croppin contractual disputes, rent, valuations
Is expert determination is legally binding
yes
How does expert deterination work
It is a procedure where by agreemtn of the parties, the expert detmines the outcome. The expert is a specialist in their field
How does mediation work and is it legally binding
It is an impartial paerson who actss a referefee going backward and forward between both parties. It is not legally binding
When can mediation be used
In divorce or in court proceedings
How do land tribunals work
It deals with appeals from other bdies and can only deal iwht disputes where there is provision for the legislation to do so
What type of cases do land tribunals deal with
Restrictive covenants affecting the ladn, dispues betwen landlords and business tenants, compensation claims
What are the changes as of the agriculutre act 2020 for the arbitation
CAAV involvement
What are the methods of dispute resolutions
Arbitration, mediation, expert witness, tribunal
