ADR

• What is one advantage of ADR compared to trial?

  It is less risky than trial.
• Why might a trial lead to an unintended outcome?

  A judge or jury decides the case.
• How does ADR allow parties to control the process?

  They can stop at any time.
• What happens to the relationship between parties after ADR?

  They can continue as before.
• How can a legal loss affect businesses?

  It can greatly affect their operations.
• What is a financial advantage of ADR over trials?

  ADR is less costly than trials.
• Why are small disputes unlikely to use lawyers in ADR?

  They save on legal fees.
• What is a cost-effective aspect of negotiation in ADR?

  Negotiation is usually entirely free.
• What is a disadvantage of ADR regarding resolution guarantees?

  There is no guaranteed resolution.
• What can happen after mediation or negotiation in ADR?

  Parties may reach an impasse.
• What is a consequence of a lack of legal precedent in ADR?

  It makes predicting outcomes harder.
• Why might parties trust court settings more than ADR?

  Court settings avoid inconsistency and unpredictability.
• What are the four main ways to resolve disputes without court?

  • Negotiation
  • Mediation
  • Conciliation
  • Arbitration
• How does the formal court system differ from tribunals?

  The formal system uses courts and trials.
• What is negotiation in the context of ADR?

  Discussion between parties to reach an agreement.
• What role does a mediator play in ADR?

  A mediator helps parties reach a compromise.
• What is the function of tribunals in dispute resolution?

  They decide disputes outside the court.
• How many divisions does the first-tier tribunal operate in?

  Seven divisions.
• What are the four chambers of the upper tribunal?

  Administrative appeals, tax and chancery, lands, asylum and immigration.
• Name three first-tier chambers.

  Taxation, land, asylum and immigration.
• What is the difference between first-tier and upper tribunal?

  First-tier hears first instance cases; upper hears appeals.
• What types of claims does the employment tribunal hear?

  Claims from workplace environments like discrimination.
• What are the advantages and disadvantages of tribunals as ADR?

  Advantages:

  • Cheaper than court
  • Quicker than court
  • Less formal

  
  

  Disadvantages:

  • Possible delays
  • Legal aid restrictions
  • Less vigorous fact-checking
• What is a precedent?

  An earlier event regarded as an example.
• What is a binding precedent?

  An earlier event binding other cases.
• What is an original precedent example?

  Donoghue v Stevenson 1932.
• Name one persuasive precedent.

  Statements obiter dicta.
• Which courts are bound by the Court of Appeal?

  High court and inferior courts.
• What is the Supreme Court bound by?

  It is bound by itself.
• What does ratio decidendi mean?

  Reasons for a decision.
• Where can obiter dicta be found?

  Statements made by judges after ratio decidendi.
• What is the difference between overruling and reversing?

  Overruling declares a previous precedent incorrect.
• Can courts overrule their own decisions?

  Yes, courts can overrule themselves.