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Flashcards in Alternative Dispute Resolution Deck (17):
0

This allows parties to solve without going to court

Negotiation

1

In this type of ADR a mediator helps parties reach a compromised solution

Mediation

2

The mediator doesn't offer an opinion and acts as a

Facilitator

3

Agreements can't be enforced because

They are not legally binding

4

This type of mediation is like a mini trial where each party presents their case to a panel who encourages an agreement

Mediation using formalised settlement conference

5

Mediation using formalised settlement conference is also not enforced because

It is not legally binding

6

Name a mediation service

Centre for effective dispute resolution

7

Name an online mediation service

Www.theclaimroom.com

8

In this type of ADR a conciliator suggests a solution

Conciliation

9

This service is for employment disputes

ACAS (advisory conciliation and arbitration services)

10

Conciliation also can't be enforced because

It is not legally binding

11

Which act is arbitration governed by

Arbitration act

12

The neutral third party makes an agreement which is called an .... This must be abided by

An award

13

Who can the arbitrator be

Anyone as long as both parties agree e.g mechanic

14

In business the arbitrator is written where

In consumer contracts

15

Who appoints an arbitrator if the parties can't agree

High court

16

What is a standard clause written into contacts of package holiday companies e.c.t which means any disputes must go to arbitration

Scott v avery clause