ADR Flashcards
what is ADR
alternative dispute resolution the name given to alternative methods of resolving dispute rather than using litigation the four key types of ADR and negotiation mediation conciliation and arbitration 
what is Negotiation
-The most common and more simple form of ADR Where you directly negotiate with the other party

advantages of negotiation
private, quick and cheap
Can be used at any stage meaning its flexible
Is negotiation enforceable by law?
No, as it is before solicitors in court, although it can be used at any stage
Give an example of when you would use negotiation
Injury at work claims or neighbour disputes
What is mediation?
Mediation is a facilitator helping parties reach a compromise
positives of mediation
parties can set the date and time as well as the venue the mediator will talk to both sides and act the neutral go between keeping common ground
keeps out the courts
When will mediation be used?
Divorce settlement child contracts neighbour disputes
what is arbitration
The most formal type of ADR, unlike the others decisions from arbitrator are binding
what act is arbitration governed by?
Arbitration Act 1996. Arbitration usually arises from a clause in a contract known as an arbitration clause (Scott v Avery clause) stating that arbitration will be used to resolve any dispute between the parties. The clause sets down how an arbitrator will be chosen and the procedure to be followed. The Arbitrator is usually someone who has experience in the particular field involved in the dispute
what is the arbitrator
The Arbitrator is an impartial, independent third party (a member of the Chartered Institute of Arbitrators) who makes a legally binding decision / award. The arbitrator will give reasons for their decision in most cases. It is not possible to appeal the decision to a court except where the arbitrator has failed to follow procedure or rules of natural justice. The award can be enforced through the courts if the losing party fails to abide by the decision.
Examples of arbitration
commercial contracts e.g. shipping, construction, transport
how did the two civil courts differ in dealing with cases from ADR?
County Court deals with less complex cases and lower value claims and the High Court with the more complex cases and those involving greater sums of money.
civil procedure rules 1999
Before the introduction of the CPR taking a case to court was complex, costly and slow.
Following a review by Lord Woolf (1996) the process was modernised leading to a series of reforms under the CPR.
One of the key components of the CPR was the 3 track system. Each case was allocated to one of the 3 tracks:
small tracks claim
Claims for less than £10,000
(or Personal Injury = £1,000)
Parties normally represent themselves.
Parties pay their own costs.
Less adversarial – more inquisitorial.
Case heard by a District Judge in County Court in Chambers.
Hearing lasts 1 ½ hours.
Cases heard within 6 months
