Types of ADR (AO1)

Question 1

What is the role of the mediator?

Answer 1

To facilitate discussion between the parties and try find the common ground between them

Question 2

What will a mediator look at?

Answer 2

The needs of both parties and carry offers back and forth

Question 3

Does the Mediator say their own views?

Answer 3

No, the mediator doesn’t tell the parties their own views however may sometimes be asked to give their opinion on the strength of the case

Question 4

Who’s in control in Mediation?

Answer 4

The parties are in control and make the decisions

Question 5

Who can Mediation be used by?

Answer 5

Companies and families, in most family cases it’s a requirement before they can start court proceedings (but domestic violence)

Question 6

What are three examples of mediation services?

Answer 6

-Centre for Effective Dispute Resolution (CEDR)
-West Sussex Mediation Service
-Relate

Question 7

What happens in Arbitration?

Answer 7

Both parties agree to submit their dispute to a neutral third party to make a decision on their behalf

Question 8

What would you call the decision in Arbitration and is it legally binding?

Answer 8

The decision in Arbitration is legally Binding and it is named “the award”

Question 9

Which act is private arbitration governed by?

Answer 9

S1 of Arbitration Act 1996

Question 10

What 2 things are decided by S1 of Arbitration Act 1996?

Answer 10

1. The object of arbitration is to obtain a fair resolution of disputes without unnecessary delay or expense
2. The parties should be free to agree how their disputes are resolved

Question 11

How is an agreement to Arbitrate usually made?

Answer 11

Through writing, the 1996 act only applies to written agreements

Question 12

Who decides how the parties will arbitrate

Answer 12

Both parties agree on the exact way they will arbitrate

Question 13

Name example situations where people may use arbitration…

Answer 13

To settle building contract disputes, holiday contract disputes and other business contracts

Question 14

When can the agreement to arbitrate be made?

Answer 14

It can be made at any time, before or after the disputes arises

Question 15

What clause do many commercial contracts in Arbitration use?

Answer 15

Scott V Avery Clause

Question 16

What does the Scott v Avery clause decide in Arbitration

Answer 16

It makes sure that in the event of a dispute both parties will settle through arbitration

Question 17

Will the court deal with Arbitration cases with an Arbitration agreement?

Answer 17

Where there is an arbitration agreement in a contract, the 199act states that the court will normally refuse to deal with the dispute. However this is different for consumer claims where the dispute is for an amount which can be dealt with in the small claims track

Question 18

How many arbitrators does S15 allow?

Answer 18

The parties can agree on this number which could be a panel of 2 or 3 but if no decision is made then it should just be 1

Question 19

Where are Arbitrators provided from

Answer 19

The institute of arbitrators will provide trained arbitrators for major disputes

Question 20

What relation will the arbitrator have to the area of law?

Answer 20

Typically the arbitrator is someone with expertise in that particular area of law but if the dispute involves a point of law the parties may appoint a lawyer

Question 21

What does paper arbitration involve?

Answer 21

Both parties put all the points they wish to raise into writing and submit any relevant documents to the arbitrators, the arbitrator then reads all the documents and makes a decision

Question 22

Why would an Arbitration hearing happen? Why is this more flexible than a court hearing?

Answer 22

So that the parties can give their arguments and witnesses can be called. It’s more flexible than a court hearing because the parties and the arbitrator will decide the date and time which means it’s more flexible than a court hearing

Question 23

What is Conciliation?

Answer 23

Similar to mediation, a neutral third party (conciliator) resolves the dispute

Question 24

What difference is there between conciliation and mediation?

Answer 24

In conciliation the third party has an active role in discussions and will be expected to suggest grounds for compromise and a possible settlement

Question 25

Which Conciliation act is used and what does it allow?

Answer 25

The Advisory Conciliation and Arbitration Service (ACAS) means that conciliators can give impartial opinions in a dispute.

Question 26

What happens in negotiation?

Answer 26

If two people have a dispute they may try to resolve it by negotiating with them directly

Question 27

What reasons could make Negotiation preferable?

Answer 27

It is completely private and the quickest and cheapest form of ADR

Question 28

Is it just the two parties in Negotiation?

Answer 28

Not always, the parties can instruct solicitors to negotiate on their behalf