Negotiation, mediation, conciliation, adjudication and arbitration.
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What is negotiation?
Two parties negotiating a solution themselves.
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Give an advantage of negotiation.
It is quick and cheap.
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What role does the third party take in mediation?
Acts as a facilitator and tries to reach a compromise between the parties, but does not give their opinions.
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Is mediation binding or not binding?
Not binding
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What is different between mediation and conciliation?
In conciliation the third party plays a more active role and gives their own opinions.
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What disputes do ACAS deal with?
Involved in employment disputes e.g stopping the strikes of fuel tankers in 2012.
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What is adjudication?
Formal procedure which is stated in a contract, usually building. They agree in the contract to settle any dispute out of court.
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What act governs arbitration?
Arbitration Act 1996
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What is the Scott v Avery clause?
In contracts which states that they cannot go to court if any dispute arises.
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Who chooses the arbitrator?
S.5 Arbitration Act 1996- both parties agree on how many arbitrators they have and who they are.
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What can the procedure be in arbitration?
Parties can choses either paper arbitration where they submit their case to the arbitrator and a decision is made. Or they can chose to submit their case and then have a hearing where they can orally support their case and use witnesses.
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What is the only form of ADR that is binding?
Arbitration
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Name an arbitration case.
Dunnet v Railtrack
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What are the advantages of ADR?
Cost, speed, expertise, privacy, customer satisfaction, conciliation of parties.
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What are the disadvantages of ADR?
Imbalance of power, lack of legal expertise, no precedent, enforcement and a court case may still be needed.
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