ADR

• What does ADR stand for?


  Alternative Dispute Resolution
• What is the main problem with resolving disputes through the courts?


  Court processes can be lengthy and costly
• What is the best way to resolve disputes according to the text?

  Through Alternative Dispute Resolution (ADR)
• What is the definition of Alternative Dispute Resolution?


  Means of resolving a dispute without going to court
• How long have Family A and Family B lived next to each other?

  Over 20 years
• What issue has arisen between Family A and Family B?


  Family B built a shed that crosses into Family A's garden
• How do Family A feel about Family B's actions?


  They are annoyed and feel trespassed upon
• What is Family B's stance regarding the shed?


  They believe the shed is within their boundaries
• What are the types of Alternative Dispute Resolution (ADR)?


  • Negotiation
  • Mediation
  • Conciliation
  • Arbitration
• What does negotiation involve?


  Solving the dispute directly between the parties
• What are 'modern' methods of negotiation?


  Online negotiation and DIY methods
• What is a notable case related to mediation?

  Dunnett v Railtrack
• What does mediation involve?


  A third party acts as a referee
• What is the role of a mediator?


  The mediator cannot suggest ways to compromise
• What is compulsory for divorcing couples since 2011?


  Mediation Information & Assessment Meeting
• What is conciliation?


  A third party takes a more active role in suggesting settlements
• What is the Arbitration Act 1996?


  It governs arbitration processes
• What is the objective of arbitration according to the Arbitration Act 1996?


  To obtain fair resolution of disputes without unnecessary delay or expense
• How is the number of arbitrators determined?


  Parties agree on the number of arbitrators (1-3)
• What is a paper hearing in arbitration?


  Points in writing and documents are submitted to the arbitrator
• What is an oral hearing in arbitration?


  Both parties make oral submissions to the arbitrator
• What is the decision made by an arbitrator called?


  An award
• Can an arbitration decision be challenged?


  Yes, on the grounds of irregularity in proceedings on a point of law
• What are the advantages and disadvantages of the four methods of ADR?


  Advantages:

  • Private and confidential
  • Generally less expensive
  • Faster resolution

  
  

  Disadvantages:

  • May not be legally binding
  • Potential for unequal power dynamics
  • Limited scope for appeal
• What is the time allocation for a 10 mark ADR past paper question?


  18 minutes
• What is the time allocation for a 15 mark ADR past paper question?


  27 minutes
• What is the task for creating a character in the civil process scenario?


  Create a scenario of an individual going through a civil dispute
• What should you consider when creating a character for the civil dispute scenario?


  Who the dispute is against and the values of money involved