ADR

Question 1

When is ADR (arbitration) used

Answer 1

When courts use an informal procedure to hear cases or if parties agree to submit their claims to arbitration

Question 2

What is ADR

Answer 2

Mediation
Conciliation
Negotiation
Arbitration

Question 3

What is a scott v avery clause

Answer 3

Where in the original contract both parties agree that in the event of a dispute it will be settled by ADR

Question 4

What is the institute of arbitrators

Answer 4

They provide trained arbitrators for major disputes

Question 5

What can the parties have imput on in the hearing (3)

Answer 5

-the number of arbitrators
- how to appoint one
- can name one or provide one

Question 6

What is arbitration governed by

Answer 6

The arbitration act 1996

Question 7

Advantage of arbitration (3)

Answer 7

-freedom of choice
-cheaper
-private

Question 8

Disadvantages of Arbitration (3)

Answer 8

• arbitator under qualified for complexities
  -appeals are limited
  -more costly than regular court

Question 9

What is the difference of arbitration and negotiation

Answer 9

Negotiation Is the 2 parties discussing until they come to an agreement separate to the courts

Question 10

Advantages of ADR overall (3)

Answer 10

-cheaper
-parties more in control
- avoids publicity

Question 11

Disadvantages of ADR overall (3)

Answer 11

• appeals limited
• allows things that should be public to go under the radar
• harder for the individual to win against the company