DR - ADR

Question 1

What types of ADR are there?

Answer 1

Negotiation
Mediation
Arbitration
Med-arb
Early neutral evaluation / expert appraisal / expert evaluation
Expert determination
Conciliation

Question 2

What is involved in mediation

Answer 2

resolution of disputes through the medium of an impartial third party – the mediator

Question 3

What is involved in arbitration

Answer 3

dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed will be final and binding

Can only appeal to court if error in law

Question 4

What is involved in Early neutral evaluation / expert appraisal / expert evaluation

Answer 4

processes where an independent party is appointed by the parties. The independent party will provide a non-binding assessment of the matter(s) referred to it.

Question 5

What is Expert determination

Answer 5

Expert determination is where an independent expert on the subject matter is appointed by the parties to determine the dispute giving a binding judgement.

Question 6

What is Conciliation

Answer 6

An independent neutral third party in helping parties to resolve their dispute. The process is usually facilitative, like a mediation, but may occasionally involve more of an evaluation, like ENE. The term has no clear meaning

Question 7

If ADR is refused by a party, but the case is ultimately successful, the court may impose a cost penalty. Who will have burden of proof of showing why the court should not impose a penalty?

Answer 7

The refusing party (even if they won)