Civil Courts & ADR: ADR

Question 1

What does Lord Woolf’s reforms actively encourage?

Answer 1

Parties to seek to resolve disputes outside of the civil courtrooms

Question 2

Who used ADR?

Answer 2

Businesses
Individuals
Other organisations

Question 3

What are the types of ADR?

Answer 3

Negotiation
Mediation
Conciliation
Mediation

Question 4

What is negotiation?

Answer 4

Parties reach agreement themselves
Can act through solicitors
E.g., Disputes between neighbours

Question 5

What is mediation?

Answer 5

A neutral third party acts a facilitator
Don’f offer opinion unless asked
Take a passive role
Both parties have control, can withdraw at any time
E.g., Relate is a relationship mediation service

Question 6

What is conciliation?

Answer 6

Similar to mediator but can go further
Have power to suggest grounds for compromise/settlement
Take active role
Parties have control, can withdraw at any point
E.g., Industrial disputes using ACAS

Question 7

What is arbitration?

Answer 7

Parties voluntarily leave the judgement to arbitrator/panel of arbitrators
Must use Scott Avery Clause if in contract
Arbitrator is expert in particular field
Binding decision
Can be enforced by courts
E.g., holiday contracts