General ADR Flashcards
What may happen if a party fails to make reasonable use of ADR?
Costs penalty may be imposed
This emphasizes the importance of considering ADR in dispute resolution.
What is the lowest level of compulsion regarding ADR?
A party may be required to consider information before proceedings can be issued
This is a preliminary step before any formal ADR process begins.
What might a party be required to do at a higher level of compulsion regarding ADR?
Provide evidence that ADR has been seriously considered
This shows a more proactive engagement with the ADR process.
What is a middle level of compulsion concerning ADR?
At least try to use a process such as mediation before litigation
Mediation is a common form of ADR that encourages negotiation.
What is now acceptable regarding compulsion to use ADR due to Churchill?
Compelling a party to use a form of ADR rather than proceeding with litigation, as long as litigation is still ultimately available
Who has ultimate oversight of agreements to use ADR?
The courts
Courts enforce terms requiring ADR and address breaches of settlements.
What limited circumstances allow courts to examine communications from an ADR process?
Principles of without prejudice and confidentiality restrict court review
These principles protect the integrity of the ADR process.
What should all members of the legal profession consider regarding disputes?
Whether disputes are suitable for ADR
This is essential for effective dispute resolution.
What obligation do parties have in litigation according to recent statements?
To conduct litigation collaboratively and engage constructively in settlement
This promotes a more amicable resolution process.
In what situation may litigation be considered disproportionate?
If a reasonable complaints or similar process is in place
This suggests that simpler resolutions exist.
What is often preferred in disputes between neighbours?
Settlement rather than incurring disproportionate costs
Neighbour disputes can often be resolved amicably.
Why might litigation not be the best way to address employment-related allegations?
Litigation may not effectively address issues such as harassment
ADR can provide a more suitable forum for sensitive matters.
In complex property disputes, what may litigation costs be in relation to?
Disproportionate to the sum in dispute
Cost-effectiveness is a critical consideration in legal disputes.
What type of claims may be best addressed through ADR?
Complex litigation such as mesothelioma claims
ADR can be more efficient for complicated cases.
