Methods of Dispute Resolution

Question 1

Any conversations that form part of the negotiation or mediation process are ‘without prejudice’ - what does this mean?

Answer 1

They cannot be relied on by the other party or referred to in court

Question 2

What are round-table discussions in negotiation?

Answer 2

Parties and their representatives meet to try and settle, usually after disclosure of all witness statements and evidence.

Question 3

What is the overriding objetive?

Answer 3

The courts have a duty to ensure cases are resolved in a proportionate, expeditious, and fair manner

Question 4

Name three key tenets of ADR that are in line with the overriding objective

Answer 4

1. Lawyers should make their clients aware of ADR
2. ADR should be considered throughout the proceeding
3. Failure to consider/participate in ADR might affect a party’s ability to recover costs

Question 5

What can the court do if the parties are worried there’s not enough time to comply with directions and undertake ADR?

Answer 5

Grant a stay of proceedings to enable ADR to take place