SQE1 - Dispute Resoluton - 1. Methods of Dispute Resolution Flashcards

1
Q

When can negotiation happen?

A

At any time in a case, pre or post-litigation

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2
Q

What does the fact negotiations are without prejudice mean?

A

Conversations cannot be relied on by parties or referred to in courts

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3
Q

Can a court order parties to consider alternative dispute resolution?

A

No

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4
Q

If a party considers ADR inappropriate, but does not set out their reasons, what can the court do?

A

Penalise the party in respect of legal costs that they can recover, or an order making them pay costs incurred by the other side as a result of the conduct
This applies to failure to follow Civ Pro rules generally

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5
Q

If a contract between two parties has an ADR clause, what will the courts do if one of the parties issues proceedings first?

A

The court will stay the proceedings

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6
Q

What is mediation?

A

Informal, confidential, and voluntary process in which a neutral third party assists the parties in reaching their own resolution

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7
Q

What are the three key features of mediation?

A

Parties can walk away at any time
Strict rules of evidence do not apply
Mediation is non-binding until final written agreement is signed

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