Flashcards
ADR- Alternative Dispute Resolution
Flashcards do conjunto (16)
- 1What is Scott Avery Clause?An agreement between two parties; they will submit any dispute between them to arbitration before taking any court action.
- 2Why is there a need for ADR?Because a court hearing isn't always the most appropriate way to deal with a dispute.
- 3Three different types of ADR?Mediation, Conciliation, Arbitration.
- 44 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 - 54 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 - 64 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 - 74 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 - 8What is ADR?Alternative Dispute Resolution: You can solve a dispute without a court hearing.
- 9Give an example of a Mediation service.The center for effective dispute resolution.
- 10Name a conciliation service.ACAS; (UCAS) Advisory Conciliation and Arbitration Service.
- 11What is Arbitration? Give 3 points.It is the most formal method of ADR, legally bound, their dispute is left to an independent arbitrator.
- 12What 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. - 13What 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. - 144 Advantages of ADR.1) Cost
2) Speed
3) Flexibility
4) Privacy - 15What is the Arbitration Act 1996?The agreements to Arbitration.
- 164 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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- Descrição
- AS Law (Civil Courts and other methods of dispute resoloution) FlashCards sobre ADR- Alternative Dispute Resolution , criado por charlotteepardon em 13-05-2014.
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- charlotteepardon
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