ADR Flashcards

1
Q

What is ADR?

A

Alternative dispute resolutions outside of the court if negotations between parties fail.

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2
Q

What is your companies complaints handling procedure?

A

Once in writing - BU Head - 3 days to responds, 10 days to investigate

If unsatisfied - MP - 10 days to respond

If unsatisfied - ADR - Property Ombudsmen or Business Arbitration

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3
Q

What are the advantages of using ADR?

A

Speed
Informality
Confidential
Cheaper

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4
Q

What steps are there in the ADR process?

A

Negotiation
Mediation
Adjucative processes (Either ADR or Litigation)

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5
Q

What is arbitration?

A

Fast and confidential
Parties are bound by the decision
Expert Knowledge

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6
Q

What is an independent expert?

A

Expert knowledge in the subject
They receive info on the dispute and investigate
Decision is binding
They can use their own opinions to make a decision

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7
Q

What is an expert witness?

A

Surveyor providing evidence
Duty of care = court
Can only be one if have expert knowledge , experience in the field and no COI

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8
Q

Negotation?

A

Parties try and find a solution together

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9
Q

Mediation?

A

Neutral 3rd party assists with the discussions of the 2 parties
Can’t impose a solution / not binding

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10
Q

Adjucative process

A

3rd party makes a decision

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11
Q

Advocate?

A

Duty is to the client
Can only be one if competent enough

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