Questions about Arbitration Alternative Dispute Resolution

Question 1

Why do insurers prefer arbitration to litigation?

Answer 1

It allows disputes to be settled privately by some one who has expertise in the subject of the dispute.

Question 2

The cost of Arbitration is higher than the cost of Litigation?

Answer 2

True

Question 3

Once a customer resorted to Arbitration, what is usual for them to do?

Answer 3

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.

Question 4

Only one arbitrator but as many as three appointed?

Answer 4

True

Question 5

One chosen by each party, and third will be chosen as chairman.

Answer 5

True

Question 6

What’s the problem with choosing two arbitrators?

Answer 6

The possibility of them not agreeing.

Question 7

What’s arbitration known as?

Answer 7

Tribunal.

Question 8

Parties must cooperate fully with tribunal?

Answer 8

True

Question 9

What is tribunal process?

Answer 9

Allowing each party to present case, and respond to opponent case.

Question 10

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?

Answer 10

True

Question 11

The arbitrators final decision is final on all questions of fact,

Answer 11

True

Question 12

It’s NOT possible to challenge the findings of the tribunal?

Answer 12

FALSE,,, it is possible but ONLY on specific grounds.

Question 13

What is the Arbitration Act 1996?

Answer 13

They govern the powers of Arbitrators and the processes to be followed.

Question 14

What is ADR?

Answer 14

It offers another way of settling disputes without resorting to litigation.

Question 15

When is ADR most commonly used?

Answer 15

Third party disputes prior to the commencement of legal action.

Question 16

ADR can also be introduced as part of the litigation process as well?

Answer 16

True

Question 17

What are the broad options depending on the nature of the dispute?

Answer 17

Adjudicative options and non adjudicative options

Question 18

What is Adjudicative options?

Answer 18

where parties determine the choice of the process but lose control of the outcomes

Question 19

The determination of the dispute rest with individual neutral to the parties and the dispute?

Answer 19

True

Question 20

Parties need to agree in writing in arbitration adjudicative option ?

Answer 20

True

Question 21

What’s the main problem of this?

Answer 21

inflexibility, as the individual neutral to the agreement to arbitrate cannot be bound by the arbitrators decision.

Question 22

Adjudication is disputes between?

Answer 22

Covers dispute between policyholder and Sub-contractors.

Question 23

How is determination made?

Answer 23

A determination is made by an independent party within 28 days

Question 24

Adjudication required by statute?

Answer 24

Required by statute in all disputes over construction contracts.

Question 25

What is Expert determination?

Answer 25

A purely technical dispute may be appropriate for expert determination…

Question 26

Expert determination example??

Answer 26

An example could be technical dispute over computer specifications or valuation of shares,

Question 27

Why is Agreement needed in Expert Determination?

Answer 27

Agreement is needed in terms of reference, process and expert to be used,

Question 28

The decision is legally binding on the parties in Expert Determination?

Answer 28

True

Question 29

In a non-adjudicative resolution, the parties retain control of the process and the outcome of the resolution.

Answer 29

True

Question 30

What is the starting point of any dispute resolution???

Answer 30

Negotiation

Question 31

Used in personal injury cases where the parties come together round the table to discuss the options to resolve the case.

Answer 31

Joint Settlement

Question 32

Commonly used for quantum disputes, liability is admitted but the amount of the claim is disputed?

Answer 32

Joint Settlement

Question 33

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?

Answer 33

Mediation

Question 34

A Facilitated decision is made in :??

Answer 34

Mediation

Question 35

A voluntary procedure, which is not binding on either party, is??

Answer 35

Early Neutral Evaluation / Expert Evaluation.

Question 36

Often used in employment cases?

Answer 36

Conciliation

Question 37

Provided by approved agencies? (such as ACAS)

Answer 37

Conciliation

Question 38

Used to provide an early view of the case, for example, whether liability may attach to a party?

Answer 38

Early neutral evaluation / expert evaluation

Question 39

Compulsory in employment tribunals?

Answer 39

Conciliation

Question 40

What is another way of settling disputes without resorting to the law or litigation?

Answer 40

ADR

Question 41

The two main methods of settling disputes without resorting to the law or litigation?

Answer 41

Mediation and Conciliation