Methods Of ADR

Question 1

Mediation

Answer 1

Resolving disputes with the assistance of an independent third party - cannot impose a solution, can only help the parties to reach their own solution.

Voluntary unless ordered by the court.

Parties can withdraw at any time.

Question 2

Arbitration

Answer 2

Parties either voluntarily entered into an agreement or agreed to decide the matter in this way once a dispute arose.

The decision is binding on the parties.

Question 3

What are the 5 stages of a civil claim?

Answer 3

1. Pre commencement of proceedings - establish the issues and collect evidence to support your claim.
2. Commencement of claim - claim form must be served on the defendant.
3. Interim matters - court manages the case.
4. Trial - judge will hear evidence and make a decision.
5. Post trial - can appeal decision.

Question 4

What method is last resort?

Answer 4

Litigation - sanctions may be imposed on those clients who refuse to consider other options.