U1A: ADR Flashcards

1
Q

What does ADR stand for?

A

Alternative Dispute Resolution

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2
Q

Why is ADR used?

A

As a method of resolving an issue and avoiding going to court

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3
Q

What are the four types of ADR?

A

Mediation, Conciliation, Arbitration, Negotiation

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4
Q

What is the role of the mediator?

A

A neutral third party who facilitates discussion but does not give their own view

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5
Q

What is the goal of mediation?

A

To reach a compromise between the parties

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6
Q

How does a mediator facilitate mediation?

A

Consults with each party and identifies common ground

Passes information and offers between parties

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7
Q

When is mediation most effective?

A

When parties can co-operate (e.g., company and family law)

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8
Q

What form does mediation take?

A

Client-led process

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9
Q

What is the main difference between mediation and conciliation?

A

The conciliator plays a more active role by suggesting compromises and settlements

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10
Q

What organization provides conciliation services in industrial disputes?

A

ACAS

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11
Q

Why might conciliation not always work?

A

The parties may still need to litigate if a settlement is not reached

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12
Q

What is arbitration?

A

A process where parties agree to submit their claim to private arbitration

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13
Q

Who makes the decision in arbitration?

A

A third party who is not a judge

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14
Q

What statute is arbitration governed by?

A

The Arbitration Act (1996)

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15
Q

How does arbitration compare to court proceedings?

A

It is generally cheaper + quicker than court

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16
Q

What is the nature of an arbitration decision?

A

Legally binding and can be enforced in courts

17
Q

Who decides the form arbitration takes?

A

It is almost entirely the decision of the parties

18
Q

What is negotiation?

A

Direct communication between two parties to resolve a dispute

19
Q

What are the key features of negotiation?

A

Private, quick, cheap

20
Q

When can negotiation be used?

A

Before going to legal advisors

21
Q

What are the advantages of mediation?

A

-Parties agree to the outcome
-No need for a lawyer
-Quick process
-Lack of formality
-Expertise

22
Q

What are the disadvantages of mediation?

A

May not lead to settlement
Not binding
Lack of legal expertise
If it fails, time + money is wasted
One party may be bulldozed

23
Q

What are the advantages of conciliation?

A

The conciliator is normally an expert in the field
Private process, so no damage to reputation
Flexible process (time and date suited to parties)
Suitable for entrenched disputes
Pro-active element

24
Q

What are the advantages of arbitration?

A

Binding decision

Expertise

Privacy

Convenience

Cost-saving for the state

24
What are the disadvantages of arbitration?
Can be formal Not suitable if the dispute involves a point of law Lack of public awareness/popularity Inconsistencies in decisions
24
What are the disadvantages of conciliation?
Not legally binding No guaranteed decision No appeals No legal aid
25
What are the advantages of negotiation?
Quick Free Parties in control, can be informal Maintains relationship
26
What are the disadvantages of negotiation?
Few downsides if private If a solicitor is involved: Costly Offers exchanged but not agreed until court, wasting time + money People may feel they aren’t getting as much as they would in court