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english legal system
civil courts
ADR
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Created by
isla rigby
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Cards (21)
What is the decision made in arbitration called?
An
award
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What can a decision in arbitration be challenged on?
Irregularity in
proceedings
on a
point of law
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What are the types of ADR methods?
Negotiation
Mediation
Conciliation
Arbitration
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What is the time allocation for a 10-mark ADR past paper question?
18 minutes
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What is the time allocation for a 15-mark ADR past paper question?
27 minutes
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What should you consider when creating a character for a civil dispute scenario?
Name of the character
Nature of the dispute
Opponent
in the dispute
Value
of money involved
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What is the best way to resolve a dispute without going to court?
Alternative Dispute Resolution (
ADR
)
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What issue did Family A have with Family B?
Family B built a shed over the
boundary
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What is negotiation in the context of ADR?
Solving the
dispute
with parties directly
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What are modern methods of negotiation?
Online
and
DIY
methods
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What is a key feature of mediation?
It is popular in
family law
cases
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What case established an adverse costs order for refusing mediation?
Dunnett v Railtrack
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What is the role of a mediator?
To facilitate
discussions
without suggesting compromises
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What is required for divorcing couples before court proceedings?
Mediation Information & Assessment Meeting
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What is conciliation in ADR?
A
third party
suggests ways to settle
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What is the approach of conciliation?
Prevention
rather than cure
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What governs arbitration in the UK?
The
Arbitration Act 1996
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What is the object of arbitration according to s1 of the Arbitration Act 1996?
Fair resolution of disputes by an
impartial tribunal
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What does s15 of the Arbitration Act 1996 state about arbitrators?
Parties
agree
on
the
number
of
arbitrators
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Who can be an arbitrator?
A
specialist
or
legal professional
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What does the Institute of Arbitrators provide?
Trained
arbitrators
for major disputes
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