Non-Adjudicative ADR Flashcards
What are three types of non-adjudicative ADR?
early neutral evaluation; conciliation and mediation. - negotiation is NOT one, but is closely linked.
What is central to non-adjudicative ADR?
The ability for parties to walk away at any point right up until the point of agreement. Parties can be required to engage - but not to agree.
What percentage of mediations are deemed successful?
80%
How much does the average mediation cost in comparison to litigation?
£10-30k as opposed to £400k
What is the objective of a mediator?
To try and reach a settlement no matter what (obviously within the bounds of practice).
What is the most common error made in mediation?
Treating mediation like a court with examinations, evidence etc.
When is mediation suitable?
All disputes that are capable of being negotiated, especially neighbour disputes as it can help preserve relationships.
When might mediation be unsuitable?
When there are multiple parties involved.
When is early neutral evaluation suitable?
When there’s a particular legal issue that parties have entrenched opposing opinions of.
Characterise early neutral evaluation?
It is always carried out by a neutral 3rd party, and they also choose procedure after consulting the parties.
Characterise conciliation?
It’s almost identical to mediation, is confidential and without prejudice, and when under ACAS has a statutory basis.
What is ACAS?
Advisory Conciliation and Arbitration Service - aids employment relations.
When is conciliation most used?
In employment disputes.
