ADR (paper 1 part a)

Question 1

ADR means…

Answer 1

alternative dispute resolution

Question 2

types…

Answer 2

-negotiation
-mediation
-conciliation
-arbitration

Question 3

what ADR is

Answer 3

option of dealing with a dispute out of court - can be either informal or formal

Question 4

negotiation

Answer 4

Can be informal
Quickest & cheapest method
If parties can’t agree a solicitor will try to negotiate a settlement
Even with court proceedings, the solicitor will continue to negotiate on behalf ( not often)
Longer the negotiation, the higher the lawyers fee

Question 5

mediation

Answer 5

When there’s a neutral mediator helps both parties reach a compromise
Normally consult parties to assess the amount of common ground
Explore the position with each party and their needs and carry offers to and from
Keep information confidential

Question 6

conciliation

Answer 6

Neutral third party who helps resolve disputes ( more proactive)
Discuss issues with both parties to help reach a better understanding of the other person’s position
Make suggestions for compromises

Question 7

arbitration

Answer 7

Arbitration Act 1996
-when courts use a more informal procedure to hear cases
-meaning of ‘arbitration’ is when the parties agree to submit claim to private arbitration
Decision is legally binding
May be required to arbitrate under Scott v Avery in a contract

Question 8

Scott v Avery

Answer 8

an agreement between parties that if a dispute arises in the future they will have it resolved through arbitration

S9 Arbitration Act 1996 said that they can enforce Scott v Avery if any party tries to go to court for the dispute