ADR

Question 1

following what did the courts suggest ADR

Answer 1

Woolf Reforms

Question 2

why is ADR better than court

Answer 2

court cases are unpredictable, lengthy, costly, complex.

Question 3

why are they more popular

Answer 3

private, greater involvement of the parties, control of decision making, quicker and cheaper

Question 4

MANC

Answer 4

Mediation
Arbitration
Negotiation
Conciliation

Question 5

what is mediation

Answer 5

involves an independent third-party meeting with the parties in the dispute to try to get them to reach a settlement.

Question 6

what dies a mediator do

Answer 6

Mediator will not make suggestions but will facilitate the parties to make the decision

Question 7

is mediation legally binding

Answer 7

no

Question 8

what is abitration

Answer 8

Arbitration: the most formal type of ADR. The parties agree to have their dispute decided by an independent arbitrator. Many businesses, trade unions and professions use arbitration to settle disputes that arise.

Question 9

Scott v Avery clause

Answer 9

Scott v Avery clause where businesses can agree with their employee that is a dispute arises they must go through arbitration which the can ask the courts to enforce under s9 Arbitration Act 1996.