adr

• What does ADR stand for?

  Alternative dispute resolution
• What is the primary purpose of ADR?

  To resolve disputes without going to court
• What do the Civil Procedure Rules encourage regarding ADR?

  Encouragement of resolving disputes justly and fairly
• What are the four main types of ADR?

  • Negotiation
  • Mediation
  • Conciliation
  • Arbitration
• What is the role of negotiation in ADR?

  To solve disputes directly between parties
• How can solicitors be involved in negotiation?

  They can help reach a settlement before court
• What are some modern methods of negotiation?

  DIY and online negotiation
• What is a key characteristic of negotiation as an ADR method?

  It is completely private and low-cost
• What is the role of a mediator in mediation?

  To act as a referee between parties
• What are some modern methods of mediation?

  Online mediation and mediation centres
• Can a mediator suggest compromises during mediation?

  No, parties must decide on their own
• Why is mediation popular in family law cases?

  It allows for private and voluntary resolution
• What does MIAM stand for?

  Mediation Information and Assessment Meeting
• What is the purpose of MIAMs in divorce cases?

  To assess suitability for mediation
• How much does a MIAM typically cost?

  Around £140
• What does the Ministry of Justice fund regarding mediation?

  Civil Mediation Online Directory
• What are the advantages of mediation?

  Private, voluntary, quick, and cost-effective
• What percentage of cases are reported settled at mediation by CEDR?

  80%
• What is a potential disadvantage of mediation?

  It may be seen as compulsory
• What was the outcome of Dunnett v Railtrack regarding mediation?

  An adverse costs order was given for refusal
• What is a risk if parties feel 'forced' in mediation?

  Decreased commitment and success chances
• Why might mediation not be appropriate in some cases?

  Potential imbalance of power between parties
• In what situations might mediation be inappropriate?

  In cases of domestic violence or abuse