Test
ADR MCQ
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Preguntas del test (14)
1Which ONE of the following ADR processes WILL, on a successful resolution of the process, result in a formal award?
- AArbitration
- BEarly Neutral Evaluation
- CMediation
- DNegotiation
2John and Brian are unhappy next-door neighbours, John claims that Brian's two large dogs are aggressive, and often escape into his garden. Brian claims that John's large hedge prevents light coming into his garden. They also disagree on where the boundary lies between their properties. John wants to get planning permission to put up a conservatory but is concerned that this will trigger yet another dispute with Brian. He wants to resolve all the disputes with Brian quickly and cheaply, in the hope of reaching a better relationship.
Which ONE of the following dispute resolution process would be MOST suitable?- AMediation
- BLitigation
- CExpert Determination
- DArbitration
3Which of the following is NOT a non-adjudicative ADR process?
- ANegotiation
- BMediation
- CPart 36 settlement offer
- DARB-MED
4Can the court compel parties to use ADR
- AYes
- BNo
- CI don't know
5Can the court impose sanctions for unreasonably refusing to consider ADR?
- AYes
- BNo
- CI don't know
6Jet Ltd won on against Red Ltd at trial but refused several offers by Red Ltd to use ADR. Can Jet Ltd be penalised in costs for that refusal?
- AYes
- BNo, Jet Ltd won at trial so costs will follow the event: Jet Ltd will be paid its costs by Red Ltd
7Jet Ltd won at trial but refused several offers by Red Ltd to use ADR. Which ONE of the following most accurately states the test for making an adverse costs against Jet Ltd for refusing ADR?
- AJet Ltd must have acted unreasonable in refusing ADR and the burden is on the unsuccessful party, Red Ltd to prove this
- BJet Ltd must show that ADR was not appropriate and that it was not unreasonable in refusing ADR
- CJet Ltd must only be penalised in costs for not refusing ADR if ADR had a reasonable prospect of success
- DJet Ltd must have acted unreasonably in refusing ADR and that the burden is on the unsuccessful party, Red Ltd, to prove this. In deciding whether Jet Ltd acted unreasonably the court will look at all the circumstances
8James brings proceedings against West Hospital Authority (WHA) for clinical negligence. He invites WHA to attempt a settlement by mediation WHA decide that further documents need to be exchanged and an expert should provide a report on James's claim before trying to settle.
Which ONE of the following BEST describes the correct approach WGA should take?- AWHA should reject the offer to use ADR because this is a professional negligence claim
- BWHA should discuss with James whether further documents and expert evidence should be obtained before ADR is attempted
- CWHA can ignore the correspondence from James' suggesting ADR as no party can be compelled to use ADR
- DWHA should immediately apply to the court for an order requiring disclosure of further documents and for leave for expert evidence to be adduced by the parties
9Which ONE of the following statements is CORRECT?
- AThe Pre-Action Protocols and the PD Pre-Action Conduct and protocols encourage the parties to consider ADR, and they may be required to adduce evidence to show that ADR was considered
- BThe Pre-Action Protocols and Pre-Action Conduct and Protocols promote ADR by requiring the parties to consider ADR and provide that parties must be penalised in costs if they unreasonably refuse to do so
- CThe Pre-Action Protocols and Pre-Action Conduct and Protocols prevent the parties from commencing proceedings unless they first consider ADR
- DThe Pre-action Protocols and PD Pre-Action Conduct and Protocols provide that the parties must attempt to settle their dispute by negotiation before they commence court proceedings
10The Civil Procedure Rules and the Courts increasingly encourage the use of ADR.
Which ONE of the following statements are CORRECT?- AA trial date will not be fixed unless the parties certify that ADR has been attempted and that it has not resulted in settlement
- BA failure to consider ADR may be taken into account by the court when it is considering making an order as to costs
- CAt the track allocation stage, the parties can make a request in the Directions Questionnaire for the litigation to be stayed while they attempt ADR, and the Court is likely to order a stay if so requested
- DIn order to further the Overriding Objective, the Court will encourage the parties to co-operate by using ADR
11You are acting for Imran who suffered personal injuries in a road traffic accident. No claim form has yet been issued. There are issues relating to contributory negligence, causation, quantum and mitigation outstanding, and you take the view that these could probably be resolved by mediation. However, your Instructing Solicitors tell you that the lawyers for the other side say they have limited experience of the mediation process and are not keen to use it.
Which ONE of the following steps would if NOT be appropriate for you to take?- ASuggest that the parties engage a suitable ADR provider to administer the process on their behalf
- BApply to the court for a stay while mediation is attempted
- CRemind the other side of their obligations under the relevant Pre-Action Protocol
- DProvide the website addresses of suitable mediation providers
12Which ONE of the following statements is CORRECT in respect of a facilitative mediator?
- AA facilitative mediator will facilitate negotiations between the parties, and will also express his own opinion of the merits of the case or the likely outcome and will offer his own suggestions for settlement of the dispute
- BA facilitative mediator will facilitate negotiations between the parties, but will not express his own opinion of the merits or the likely outcome or the range within which the case should settle
- CA facilitative mediator is more likely to be perceived to be biased in favour of one party
- DA facilitative mediator more likely to be sued for negligence than an evaluative mediator
13Which ONE of the following statement is NOT a characteristic of the Small Claims Court Mediation Scheme?
- AThe scheme is free to users
- BThe mediation will usually take place by way of a face to face meeting
- CIt operates in the County court and most small claims are referred to mediation through the Scheme
- DThe mediators are directly employed by H.M. Courts and Tribunals Service
14Ali Ltd ("Ali") brought a claim in the County Court against Tickers Apples Ltd (Tickers) claiming damages for a consignment of low grade apples and pears which were fit only for pulping to make juices rather than for the prescribed purposed of resale, as premium grade products, to a leading supermarket chain.
The parties agreed to resolve their dispute by mediation. The mediation was arranged for 18 September 2015. At the mediation, the Sales Directors attended on behalf of each company, an in principles agreed the following terms to resolve their dispute:
- Tickers agreed to pay compensation to Ali in the sum of £15,000 in full and final satisfaction of all claims that Ali may have against Tickers arising out of the consignment, including costs and interests
- All agreed to enter into a new contract with Tickers for a number of specified products, for the sum of £140,000.
Immediately after the agreement had been reached in principle, John the Sales Director of Tickers, indicated that he had authority to agree settlement of the claim only up to the value of £10,000; settlements above £10,000 and any contracts he negotiated above £100,000 had to be signed off by the Finance Director. The Finance Director is out of the country on business and cannot be contacted.
In these circumstances, which ONE of the following statements BEST describes what the parties should do next?- AThe parties should abandon the terms agreed in principle, and Ali should pursue the court proceedings against Tickers to recover the damages it claims
- BThe mediation should be adjourned and re-convened for another date when the Finance Director of Tickers can also attend
- CThe lawyers should draw up, and ask the parties to sign a "Heads of Agreement" document recording the terms of their agreement pending approval being sought from the Finance Director of Tickers
- DThe parties should to re-negotiate terms of agreement today, but keeping within the limits of John's authority
Información
- Descripción
- Test sobre ADR MCQ, creado por Orlinda Mpofu el 28/12/2015.
- Autor
- Orlinda Mpofu
- Idioma
- English
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