DR I Methods of dispute resolution

Question 1

Meaning of without prejiudice

Answer 1

without prejudice are communication cannot be relied on by the other party or referred to court. This gives the parties freedom to explore possible solutions without the worry that things discussed can be used against them later litigation.

Question 2

Meaning of Round-Table Discussion

Answer 2

Round-table discussion, also known as a joint settlement meeting is where the parties and their representatives (solicitors and barristers) meet to try to agree on a settlement. they are usually held post-proceedings and following disclosure of all witness statements and evidence

Question 3

For ADR to be adopted as a means to resolves disputes:

3

Answer 3

Lawyers must make sure their clients understand ADR

Parties must consent to ADR

To refuse an ADR, the receiving party must set out thier reasons, failing which the court has discretion to penalise them in respect of legal costs they can recover

Question 4

Overriding objective of ADR

Answer 4

The court must ensure the cases are resolved in a proportionate, expeditious and fair manner.

Question 5

Principal methods of ADR

Answer 5

Arbitration
more formal procedure leading to a final and binding decision capable of enforcement in the courts if not paid. it is a contractual process.

Negotiation

Mediation
most commonly used form of ADR. An informal, confidential and voluntary process where a neutral party assists disputing parties in reaching a resolution.

A ranks over M and thus is more formal

Question 6

Procedure of Abritration

Answer 6

The arbitratior, appointed by the parties, is often a legal professional or an professional in a case of specific field. The arbitrator will discuss indiviudal with each party. the strict rules of evidence will not apply but parties will submit evidence and submission in support of their claims. Arbiter/arbitrator makes a final award (decision) that will be binding and enforceable and cannot be appealed against.

Question 7

Characteristics of mediation

Answer 7

the meeting is completely confidential and without prejudice

the party can walk away at any time

strict rules of evidence do not apply.

Mediation is non-binding unless final agreement signed. Mediator does not rule on the merits of the claim nor suggest or impose settlement terms.

Parties paid jointly for the costs of mediator.

Question 8

Meaning of granting a stay

Answer 8

If the parties are concerned there is not enough time to comply with directions and undertake ADR, the court will often suspend the court timetable (granting a stay)to enable ADR to take place.