ADR

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  • Created by: 10dhall
  • Created on: 01-03-17 12:28
Why is ADR used?
The cost, delay, saving relationships and unwanted publicity
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What are the factors of Arbitration?
Neutral third party makes decision, gives an award, award can be enforced by courts, award can be challenged, Arbitration Act 1996 governs contracts, Scott v Avery clauses, legal representation is allowed, SCHEMES: ACAS, ABTA, civil cases not family
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More?
Formal, can be used inside and outside of courts, a court can appoint an arbitrator aswell as the parties, can choose time and place, flexible, agreements are in writing
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When can an award be challenged?
If a serious irregularity occurs involving issues such as; holiday contracts, if the arbitrator fails to carry out duties fairly and impartially, cheaply, quickly, exceed authority, procedures havent been followed + if issues havent been dealt with
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When can an arbitrator's authority be revoked?
If he is not impartial, physically/mentally incapable of doing his job, lacks qualifications, fails to conduct proceedings properly
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Advantages of arbitration?
Parties can choose time and place to fit their needs, can choose an arbitrator who expertise in the area, quicker, cheaper, private saving publicity, awards can be enforced in court,
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Disadvantages of arbitration?
No public airing, difficult if technical legal points arise (difficult to be decided by a non-lawyer arbitrator), rights of appeal more limited than in court, no legal aid, professional arbitrators can be very expensive
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Factors of mediation?
Used in family, civil and commercial cases, cant make decision or give advice unless asked, CEDR, CEDR deals with 3000 mediations annually, helps reach their own decision, passive role, must agree to the decision, formalised settlement conference
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Advantages of mediation?
mediators develop expertise in their own areas, quicker, cheaper, parties can choose time and place, preserve long term relationships, less formal, can withdraw at any time
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Disadvantages of mediation?
No public airing, no decision is guaranteed, can be long, difficult if technical points arise,
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Factors of Concilliation?
Neutral third party tries to take the heat out of a dispute, ACAS, have power to suggest compromise but no decisions, parties can withdraw, active role, civil cases, a resolution cannot be imposed as they have to agree to it
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Advantages of Conciliation?
Brings parties closer together, process is private, no public airing, cheaper, quicker, informal
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Disadvantages of conciliation?
No legal aid, no appeals, no decision guaranteed, process is not legally binding,
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Factors of negotiation?
People negotiate through communication to reach a mutual agreement, parties are in control
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Advantages of negotiation?
Cheaper, avoids uncertainty of court
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Disadvantages of negotiation?
When someone refuses to negotiate, power imbalances
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Other cards in this set

Card 2

Front

What are the factors of Arbitration?

Back

Neutral third party makes decision, gives an award, award can be enforced by courts, award can be challenged, Arbitration Act 1996 governs contracts, Scott v Avery clauses, legal representation is allowed, SCHEMES: ACAS, ABTA, civil cases not family

Card 3

Front

More?

Back

Preview of the front of card 3

Card 4

Front

When can an award be challenged?

Back

Preview of the front of card 4

Card 5

Front

When can an arbitrator's authority be revoked?

Back

Preview of the front of card 5
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