ADR Flashcards
(14 cards)
What is arbitration?
Arbitration involves an expert arbitrator who conducts proceedings similar to litigation but is confidential and more flexible.
What are the advantages of arbitration?
Advantages include binding decisions, choice of arbitrator, confidentiality, flexibility in rules and jurisdiction, quicker process, and enforceability under the Arbitration Act 1996.
What is mediation?
Mediation involves a neutral person acting as a negotiator, with confidential meetings conducted without prejudice.
What are the advantages of mediation?
Advantages include being less contentious, maintaining relationships, flexibility, confidentiality, quick resolution, low cost, privacy, and the ability to withdraw at any point.
What are the disadvantages of arbitration?
Disadvantages include high costs, limited remedies compared to litigation, slow process, adversarial nature, inability to add third parties, risk of no settlement, unenforceable outcomes, and lack of disclosure.
What are the disadvantages of mediation?
Disadvantages include potential high costs, limited options to go to court, slow process, adversarial outcomes, inability to add third parties, risk of no settlement, unenforceable outcomes, and inappropriateness for complex issues.
What is litigation?
One party sues the other.
What powers does the court have in litigation?
The court has wide powers and remedies available.
How are court proceedings carried out?
Court proceedings are carried out in accordance with law and civil procedure rules.
What type of issues is litigation suitable for?
Litigation is suitable for complex issues.
Can third parties be added in litigation?
Yes, third parties can be added later on in proceedings.
Is the decision in litigation binding?
Yes, the decision is binding on parties.
Can a decision in litigation be appealed?
Yes, it is possible to appeal in certain circumstances.
What are some drawbacks of litigation?
Cost, length - can take a while to conclude, not confidential, not flexible, and no choice of judge.
