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Description
Flashcards by charlotteepardon, updated more than 1 year ago
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Created by charlotteepardon
almost 10 years ago
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| Question | Answer |
| What is Scott Avery Clause? | An agreement between two parties; they will submit any dispute between them to arbitration before taking any court action. |
| Why is there a need for ADR? | Because a court hearing isn't always the most appropriate way to deal with a dispute. |
| Three different types of ADR? | Mediation, Conciliation, Arbitration. |
| 4 advantages of mediation and conciliation. | 1) Cheap quick and easy 2) Agreements more likely to last as its a compromise. 3) Don't have to follow strict letter of law. 4) Highly sucessful |
| 4 disadvantages of Mediation and Conciliation. | 1) No guarantee dispute will be resolved 2) Doesn't work if both parties don't cooperate 3) Agreements can't be enforced 4) Could go on for a long time |
| 4 Disadvantages of Arbitration. | 1) Professional arbitrators can be expensive 2) Can become highly complex 3) There can be unexpected legal points which would be dealt with better in court 4) Can take a long time to get a result |
| 4 Disadvantages or ADR - Alternative Dispute Resolution. | 1) Enforce ability 2) Unequal bargaining power 3) Court action may still be needed 4) Lack of legal expertise |
| What is ADR? | Alternative Dispute Resolution: You can solve a dispute without a court hearing. |
| Give an example of a Mediation service. | The center for effective dispute resolution. |
| Name a conciliation service. | ACAS; (UCAS) Advisory Conciliation and Arbitration Service. |
| What is Arbitration? Give 3 points. | It is the most formal method of ADR, legally bound, their dispute is left to an independent arbitrator. |
| What is mediation? Give 4 points. | 1) Voluntary process. 2) Neutral third party will assist the party in coming to an agreement. 3) Mediator WONT influence the outcome. 4) Process can be terminated at any stage. |
| What is Conciliation? Give 3 Points. | 1) It's very similar to Mediation - its Voluntary 2) No power to impose their own solution 3) HOWEVER much more of an active role than a mediator by suggesting ground for compromise. |
| 4 Advantages of ADR. | 1) Cost 2) Speed 3) Flexibility 4) Privacy |
| What is the Arbitration Act 1996? | The agreements to Arbitration. |
| 4 Advantages of Arbitration. | 1) Decision is final can be re enforced by the courts. 2) Avoidance of bad feelings as court decides. 3) Parties can choose their Arbitrator. 4) Confidentiality. |
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