Advanced Dispute Resolution

Question 1

What does ADR stand for?

Answer 1

Alternative Dispute Resolution

Question 2

What does ADR refer to?

Answer 2

Alternative dispute resolution usually refers to mechanisms that are used to settle dispute instead of resort to litigation.

Question 3

What are the different alternative mechanisms embodied in ADR?

Answer 3

• Arbitration
• Mediation
• Conciliation
• Negotiation

Question 4

Which 2 ADR methods are you required to focus on for CAPE?

Answer 4

Mediation and Arbitration

Question 5

True/False Does ADR involve the participants in the process of resolving disputes?

Answer 5

True

Question 6

What is different between ADR and common law? And name one benefit of this.

Answer 6

Each case is decided on its merits without reference to previous cases, and the common ground between the parties can be emphasized rather than a point of disagreement. It offers a confidential process and the outcome will not be published without the consent of the both parties. Resolution of a dispute can be quicker and more straightforward and the hearing times and places are at the agreement of the parties.

Question 7

What is an amicable manner to settle a dispute before settling undertaking litigation?

Answer 7

Negotiation

Question 8

Why may ADR precede litigation?

Answer 8

As a way to establish common ground between the parties and the point on which they cannot agree.

Question 9

What is the last resort if ADR methods do not work?

Answer 9

litigation

Question 10

In what areas may mediation be incorporated?

Answer 10

The family law, criminal and civil law.

Question 11

What are some benefits of ADR?

Answer 11

ADR mechanisms offer significant benefits such as:

• Neutral third parties settle disputes
• Informal
• Speed
• Lower expenses
• Increases user-friendliness
• Involvement in the process of resolving their disputes, with regards to:
  
  • The method
  • Procedure
  • Cost
  • Location

Question 12

What is Arbitration established through?

Answer 12

Arbitration is established through the Arbitration Act.

Question 13

What is Arbitration?

Answer 13

Arbitration is a process in which a neutral third party hears the testimony of both parties to the dispute in a relatively informal setting.

Question 14

What is the most formal ADR method?

Answer 14

Arbitration

Question 15

Who makes the decision in the Arbitration method?

Answer 15

A decision is made by an umpire appointed by agreements between the partners.

Question 16

True/False The decisions of arbitration is binding?

Answer 16

True

Question 17

How is Arbitration different from mediation?

Answer 17

Unlike mediation, arbitration proceedings contain some elements of proceeding conducted in a court of law.

Question 18

What must both parties do in order to commence arbitration?

Answer 18

In arbitration proceedings both parties must agree to come to the bargaining table to commence arbitration.

Question 19

Who is an adjudicator?

Answer 19

An individual who reviews details of assigned cases and makes diagnosis determinations

Question 20

True/False in a court of law the adjudicator is not chosen by the litigants. But the parties to the dispute must decide on an arbitrator?

Answer 20

true

Question 21

How do you secure the enforcement of the decision of the arbitrator?

Answer 21

After hearing and weighing the testimony, the arbiter makes a decision which can be deemed binding on all parties to the arbitration and an order of the High Court may be obtained in order to secure the enforcement of the decision of the arbitrator.

Question 22

Does the The process of arbitration also allows all parties involved including the arbitrator to refer to statute and case law in support of their respective arguments?

Answer 22

Yes

Question 23

What is something that an arbitrator can use to come to a decision?

Answer 23

The arbitrator is also free to apply the general community standard of fairness to assist him in arriving at a decision.

Question 24

True/False In arbitration, the rules of evidence are less strictly applied and the arbitrator sits as the judge of both fact and law.

Answer 24

true

Question 25

How is arbitration often used?

Answer 25

in landlord and tenant disputes , commercial and shipping claims and union conflict

Question 26

Who may act as an arbitrator?

Answer 26

Judges may act as arbitrators and individuals drawn from experts in the area in question or from an association

Question 27

Name 5 advantages of arbitration

Answer 27

- The decision of the arbitrator may be enforced - Arbitration proceedings are less costly and less time consuming than the court system - The informal setting reduces tension between parties - Speed - Minimum publicity - Absence of binding precedent

Question 28

Gives examples of arbitration.

Answer 28

in landlord and tenant disputes , commercial and shipping claims and union conflict

Question 29

Who is a mediator?

Answer 29

A mediator is a person who often acts as a shuttle between the parties, communicating the position of the disputants to one another as they try to reconcile their differences towards the achievement of a settlement

Question 30

How does the mediator operate in mediation?

Answer 30

The mediator acts as both judge and jury holding separate meetings or caucuses at which further clarification may be obtained as regards to the position of the respective parties with a view towards suggesting possible advances by which agreement may be reached. Information obtained from these canucuses are conducted and the findings are revealed to the other side unless each party approves.

Question 31

Are decisions through mediation binding?

Answer 31

No

Question 32

Advantages of Mediation

Answer 32

- Reduced time and cost in resolving dispute - Confidentiality is maintained - Fairness and flexibility are promoted - There is a high rate of compliance with the final decision

Question 33

What is this explaining? Meditation is a voluntary dispute resolving process in which a neutral third party - the mediator- facilitates and coordinates the negotiation of disputing parties. The mediator merely facilitates the process of achieving a resolution and does not assume partisan sides in the dispute. Unlike a judge , the mediator does not have the authority to impose a decision upon the disputant, as the parties themselves decide whether and how to settle the dispute. Mediation can be conducted in the court system, police station, and schools or in any settling where the disputants choose to use a third party to help settle their differences.

Answer 33

The mediation process

Question 34

See the differences between mediation and arbitration on handout

Answer 34

n

Question 35

What is conciliation?

Answer 35

Conciliation employs the use of a third party whose role is to try to remove the obstacle blocking the path to reconciliation and communication to encourage a settlement of the dispute. It may go further in an attempt to effect reconciliation and a non-binding opinion may be given as in the case with court conciliation schemes, which can then lead to a settlement.

Question 36

Give an example of conciliation

Answer 36

the Industrial Relations (1980) Act of trinidad and tobago provides that the tribunal of the industrial Court may act as concilators for the resolution of industrial disputes.