ADR

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  • Negotiation
    • Not binding
    • can involve a solicitor who tries to negotiate a settlement
    • this is done between the parties themselves
    • Alternative Dispute Resolution
      • Mediaton
        • where a neutral mediator helps the parties reach a compromise by looking for common ground
        • aimed at disputed between neighbours
        • in divorce cases where there is a question of finances or children
        • parties must agree to mediate
  • Mediaton
    • where a neutral mediator helps the parties reach a compromise by looking for common ground
    • aimed at disputed between neighbours
    • in divorce cases where there is a question of finances or children
    • parties must agree to mediate
  • Alternative Dispute Resolution
    • Conciliation
      • similar to mediation but the conciliator takes a more active role
      • suggests grounds for compromise and basis for settlement
    • similar to mediation but the conciliator takes a more active role
    • suggests grounds for compromise and basis for settlement
    • decision not binging
      • Arbitration
        • agreement to go to arbitration is governed by the arbitrations act 1996
        • agreement to go to arbitration can be made before a dispute arises via a scott v avery clause in contract
        • both parties must voluntarily agree to arbitrate
        • an agreement will;
          • name an arbitrator or provide a method for choosing one
          • decide on the procedure
            • just a paper hearing - no witnesses
            • a more formal court like hearing
        • decision is binding
      • both parties must voluntarily agree to arbitrate
      • agreement to go to arbitration is governed by the arbitrations act 1996

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