Dispute Resolution - Methods

Question 1

Alternative Dispute Resolution

Answer 1

Umbrella term

Voluntary process - parties must consent to ADR

Mediation, negotiation and abitration are main forms

Mediation and negotiation can be a standalone or part of litigation

Arbitration can only exist as an alternative to litigation

Question 2

Arbitration

Answer 2

Parties agree by contract to appoint one or more arbitrators to decide the matter

Act in accordance with the rules agreed by the parties and not the CPR

Often used in cases where there are large value, complicated contracts and international commercial agreements

More formal and leads to a final and binding decision

Question 3

Negotiation

Answer 3

Can take place pre-proceedings or after proceedings have begun

Question 4

Mediation

Answer 4

Neutral third party assists parties in reaching a resolution

Confidential and without predjudice

Strict rules of evidence do not apply

Parties can walk away at any time

Can take place before or during litigation