ADR (Alternative Dispute Resolution) Flashcards
(24 cards)
What is ADR?
ADR is where parties settle a civil case without going to court.
What is negotiation in ADR?
A process where two people resolve their dispute directly between themselves.
What happens if negotiation between individuals fails?
They may hire a solicitor, which introduces legal costs — the longer it takes, the higher the cost.
Give an example of when negotiation might be used.
A dispute between neighbours.
What is mediation?
A neutral third party (mediator) helps parties reach a compromise by facilitating discussion. The mediator does not offer advice unless asked.
Is mediation legally binding?
No.
Do parties have control in mediation?
Yes, both parties control the process and can withdraw at any time.
Give examples of mediation organisations.
Family Mediators Association, RELATE (divorce and child custody).
What is the Centre for Dispute Resolution known for?
Resolving 10,000 claims in 12 months, saving around £2.8 billion.
Give an example of a local mediation service.
West Sussex Mediation Service (handles neighbour, family, and workplace disputes).
What is conciliation?
Similar to mediation, but the conciliator takes a more active role and suggests solutions.
Is conciliation legally binding?
No.
Do both parties have control in conciliation?
Yes, they can withdraw at any time and must agree to the final resolution.
Give an example of a conciliation organisation.
ACAS – resolves employment disputes.
What is arbitration?
Parties voluntarily submit disputes to an arbitrator (or panel), who makes a legally binding decision.
Give examples of where arbitration is used.
Package holiday contracts, construction contracts, Court of Arbitration for Sport.
What is a Scott v Avery clause?
A contract clause requiring arbitration if a dispute arises.
How are arbitrators chosen?
Contracts may name an arbitrator or a method to choose one. If there’s disagreement, a court can appoint one.
What law governs arbitration?
Arbitration Act 1996 – courts will refuse to hear cases that should go to arbitration.
Who are arbitrators usually?
Experts in the relevant field of the dispute.
What are the two types of arbitration hearings?
Paper hearing (written statements, no parties present), oral hearing (with parties, witnesses, and formal procedures).
How is the arbitration schedule decided?
Date, time, and place are agreed by both parties and the arbitrator — making it flexible.
What is the arbitrator’s final decision called?
The award — it is legally binding and can be enforced in court.
Can arbitration decisions be challenged?
Yes, under the Arbitration Act, for serious irregularity or a point of law.
