dispute resolution methods

Question 1

ADRs

Answer 1

mediation
conciliation
arbitration

Question 2

mediation

Answer 2

• least formal
• impartial third party (mediator)
• mediators facilitate discussion
• do not make determinations
• can be ordered by MC, CC and SCs to do before trial
• non-binding unless signed deed of settlement (both parties)

Question 3

terms of settlement

Answer 3

legally binding doc outlining the agreement which is enforceable though courts

Question 4

conciliation

Answer 4

• make suggestions but not determinations
• specialist knowledge
• non-binding unless signed deed of settlement (both parties)

Question 5

arbitration

Answer 5

• most formal method
• arbitrator = impartial and expertise
• makes legally binding and enforceable decision
• X bound by strict rules of evidence