MCQ Chapter 18

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What are the general characteristics that distinguish methods of ADR from litigation in the civil courts
Less formal, more flexibility in regards to when are where the dispute will happen wha
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What is the difference between arbitration and mediation?
Arbitration is listening to arguments and give a binding decision, mediation will try and help the parties come to an agreement themselves
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Why would part 2 of Family law act 1986 have been so significant had it ever been implemented?
Aimed to make mediatiation for divorce compulsory - goes too far out of the government or any other patrty to make it compulsory
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What are the six Hasely factors?
1. The nature of dispute 2. Merits of case 3. The extent to which other settlements methods were used 4. Costs of ADR were high? 5. Delay in setting up and attending ADR were prejudicial 6. ADR had a reasonable prospect of success
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What are the cost consequences of refusing an invitation to mediation?
Successful party in litigation should pay loosing sides costs because of the formers failure to respond positively to mediation
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Apart from arbitration and mediation what other methods fall under ADR?
Conciliation and ajudication
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What is the significance of section 9(1) of the arbitration act 1996?
A party in arbitration agreement may apply to court in which the proceedings have been bought to stay the proceedings so far as they concern matter.
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What are the main concerns over the court system?
High cost, adversial procedure, inaccessible, inflexible, publicity, imposed solution
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What are the advantages of ADR
Low cost, speed, flexibility, informality, accessibility, expertise, privacy, agreed solutions, ease pressure on Courts
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What are the disadvantages of ADR compared to the court system.
Non availability of legal aid, lack of legal expertise, imbalance of power, no system of precedent, legalism
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Other cards in this set

Card 2

Front

What is the difference between arbitration and mediation?

Back

Arbitration is listening to arguments and give a binding decision, mediation will try and help the parties come to an agreement themselves

Card 3

Front

Why would part 2 of Family law act 1986 have been so significant had it ever been implemented?

Back

Preview of the front of card 3

Card 4

Front

What are the six Hasely factors?

Back

Preview of the front of card 4

Card 5

Front

What are the cost consequences of refusing an invitation to mediation?

Back

Preview of the front of card 5
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