Questions about Arbitration Alternative Dispute Resolution Flashcards
Why do insurers prefer arbitration to litigation?
It allows disputes to be settled privately by some one who has expertise in the subject of the dispute.
The cost of Arbitration is higher than the cost of Litigation?
True
Once a customer resorted to Arbitration, what is usual for them to do?
Write the insurer, a brief of the dispute, how they would like to see it resolved, names and addresses of the parties, and
Who they think Arbitrator should be or how they should be chosen.
Only one arbitrator but as many as three appointed?
True
One chosen by each party, and third will be chosen as chairman.
True
What’s the problem with choosing two arbitrators?
The possibility of them not agreeing.
What’s arbitration known as?
Tribunal.
Parties must cooperate fully with tribunal?
True
What is tribunal process?
Allowing each party to present case, and respond to opponent case.
Arbitrators have same powers as court in order to do something or not to do something or order specific performance of a contract or rectification?
True
The arbitrators final decision is final on all questions of fact,
True
It’s NOT possible to challenge the findings of the tribunal?
FALSE,,, it is possible but ONLY on specific grounds.
What is the Arbitration Act 1996?
They govern the powers of Arbitrators and the processes to be followed.
What is ADR?
It offers another way of settling disputes without resorting to litigation.
When is ADR most commonly used?
Third party disputes prior to the commencement of legal action.
ADR can also be introduced as part of the litigation process as well?
True
What are the broad options depending on the nature of the dispute?
Adjudicative options and non adjudicative options
What is Adjudicative options?
where parties determine the choice of the process but lose control of the outcomes
The determination of the dispute rest with individual neutral to the parties and the dispute?
True
Parties need to agree in writing in arbitration adjudicative option ?
True
What’s the main problem of this?
inflexibility, as the individual neutral to the agreement to arbitrate cannot be bound by the arbitrators decision.
Adjudication is disputes between?
Covers dispute between policyholder and Sub-contractors.
How is determination made?
A determination is made by an independent party within 28 days
Adjudication required by statute?
Required by statute in all disputes over construction contracts.
What is Expert determination?
A purely technical dispute may be appropriate for expert determination…
Expert determination example??
An example could be technical dispute over computer specifications or valuation of shares,
Why is Agreement needed in Expert Determination?
Agreement is needed in terms of reference, process and expert to be used,
The decision is legally binding on the parties in Expert Determination?
True
In a non-adjudicative resolution, the parties retain control of the process and the outcome of the resolution.
True
What is the starting point of any dispute resolution???
Negotiation
Used in personal injury cases where the parties come together round the table to discuss the options to resolve the case.
Joint Settlement
Commonly used for quantum disputes, liability is admitted but the amount of the claim is disputed?
Joint Settlement
Parties do not meet but the dispute is heard simultaneously by the mediator who goes between two rooms, seeking common ground between the parties in dispute?
Mediation
A Facilitated decision is made in :??
Mediation
A voluntary procedure, which is not binding on either party, is??
Early Neutral Evaluation / Expert Evaluation.
Often used in employment cases?
Conciliation
Provided by approved agencies? (such as ACAS)
Conciliation
Used to provide an early view of the case, for example, whether liability may attach to a party?
Early neutral evaluation / expert evaluation
Compulsory in employment tribunals?
Conciliation
What is another way of settling disputes without resorting to the law or litigation?
ADR
The two main methods of settling disputes without resorting to the law or litigation?
Mediation and Conciliation
