English Legal System and Law making - Paper 2 (Alternative Dispute Resolution) 0.0 / 5 ? LawEnglish Legal System and Law making - Paper 2A2/A-levelAQA Created by: chloefyf3Created on: 11-07-22 13:57 What does alternative dispute resolution allow for the parties? greater involvement in decision making privacy faster and cheaper route than court proceedings 1 of 14 Alternative Dispute Resolution is encourages by the courts following which reforms? the Woolf Reforms 2 of 14 What are the two forms of alternative dispute resolution? mediation negotiation 3 of 14 What does mediation involve? an independent neutral third party meeting with the parties involved in the dispute to try to get them to reach a settlement 4 of 14 What can the mediator do and not do? not do - make suggestions or give opinions to the parties do - facilitate the parties to make the decisions for themselves 5 of 14 In which disputes is mediation often used in and so what skills are mediators often trained in? family disputes in counselling skills 6 of 14 What act was introduced to try to encourage divorcing couples to use mediation rather than the courts? the Family Law Act 1996 7 of 14 Why has mediation also become popular with businesses? the businesses can often continue their dealings in the future and relationships / reputations will not be tarnished 8 of 14 What has mediation been used to help solve by local councils? neighbor disputes 9 of 14 Is the outcome of a mediation legally binding and why? not unless turned to a court order as the process of mediation is very informal 10 of 14 Who do negotiations take place between and when? the solicitors of the parties in the run up to the civil trial continue whilst the parties are awaiting their trial date 11 of 14 What offer may be made in negotiations? part 36 offer 12 of 14 What is a part 36 offer? encourages parties to settle disputes without going to trial if the party does not accept an offer under part 36, they could pay more in interest to the court 13 of 14 How do part 36 offers encourage settlements? there are costs consequences for the other side should they fail to beat this at trial 14 of 14
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