1. Methods of Dispute Resolution

Question 1

When can negotiation happen?

Answer 1

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

Question 2

What does the fact negotiations are without prejudice mean?

Answer 2

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

Question 3

Can a court order parties to consider alternative dispute resolution?

Answer 3

No

Question 4

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

Answer 4

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

Question 5

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

Answer 5

The court will stay the proceedings

Question 6

What is mediation?

Answer 6

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

Question 7

What are the three key features of mediation?

Answer 7

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