Dispute resolution options

Question 1

ADR should always be used, unless:

Answer 1

• inappropriate,
• other party unlikely to cooperate, or
• other party can’t be trusted to comply with the solution

Question 2

What must a party do if it refuses proposed ADR?

Answer 2

Give a witness statement explaining why within 21 days of the proposal

Question 3

Court can order parties to undertake ADR if:

Answer 3

• it wouldn’t impair their right to a judicial hearing, and
• it’s proportionate to the legitimate aim of settling fairly, quickly, and at reasonable cost

Question 4

Solicitors must explain to clients (regarding ADR):

Answer 4

• need to try to settle,
• options available,
• possibility of sanctions if refuse to attempt to settle

Question 5

Can a mediation outcome be enforced?

Answer 5

No
BUT: parties may enter a contract if they agree- can sue for its breach

Question 6

Can an arbitration outcome be enforced?

Answer 6

Yes (it’s BINDING)
Winning party can apply to the High Court for permission to enforce the decision as if it were made by the court