ADR law mock revision

• What is negotiation in the context of alternative dispute resolution?

  Parties resolve dispute without third-party assistance
• According to the study material, what are the characteristics of negotiation as a method of ADR?

  Quickest, cheapest, least formal ADR method
• Since what year have negotiations been strongly encouraged by the courts?

  1999
• What types of civil disputes can negotiation be used to resolve?

  Any kind of civil dispute
• How may informal negotiation take place?

  In writing, face to face, via phone/email
• When can negotiation occur during a case?

  Any time during a case
• When do many claims "settle at the door of the court"?

  Just before the trial is due to start
• Why do claims often settle right before trial?

  Legal costs and risk of losing increases
• How do tactics play a part in negotiation?

  Stronger financial position may influence negotiation
• Approximately what percentage of civil claims are settled out of court through negotiation?

  95%
• What is mediation in the context of ADR?

  A neutral party facilitates discussion
• How does a mediator facilitate discussion between parties?

  By putting forward points and opinions
• What types of civil disputes can mediation be used to resolve?

  Any kind of civil dispute
• Which council oversees family law mediation?

  Family Mediation Council
• When must mediation take place before court proceedings?

  In most family law cases
• In what cases might mediation not be required before court proceedings?

  Domestic violence cases
• Since when have courts strongly encouraged mediation in commercial disputes?

  Since the Civil Procedure Rules 1999
• What is the main mediation service mentioned in the study material?

  Centre for Effective Dispute Resolution (CEDR)
• What services does CEDR provide?

  Choice of mediators, date/venue, mediation
• What does the mediator do during mediation?

  Consults each party to find common ground
• How does the mediator act as a 'go-between'?

  By carrying offers and counter-offers
• How much control do parties have over the mediation process?

  Parties have control over the process
• How long do most mediations take?

  Most take place in one day
• Is the decision in mediation legally binding?

  No, it is not legally binding
• What happens if mediation does not succeed?

  A court case may follow
• What was the success rate of mediations reported by CEDR in 2020?

  93%
• How many mediations took place in 2019-2020 according to the CEDR report?

  16,500
• By what percentage did mediations increase from 2018-2019 to 2019-2020?

  38%
• How much worth of claims were involved in the mediations of 2019-2020?

  £17.5 billion
• What is conciliation in the context of ADR?

  A neutral party facilitates discussion
• How is conciliation similar to mediation?

  Neutral 3rd party facilitates discussion
• How does a conciliator actively assist parties?

  By making suggestions and compromise
• What kind of control do the parties have in conciliation?

  Parties still have control
• What can't the conciliator do?

  Seek evidence or call witnesses
• In what type of disputes is conciliation very common?

  Industrial (employment) disputes
• What does ACAS stand for?

  Advisory Conciliation and Arbitration Service
• What type of dispute does ACAS help to resolve?

  Disputes where strike action took place
• Before registering a claim with an Employment Tribunal relating to unfair dismissal, what must happen?

  ACAS must try to facilitate settlement
• What types of disputes does conciliation resolve in the Family Division of the High Court?

  Custody of children disputes
• Does success rely on the parties' willingness to listen to the conciliator's views?

  Yes, it does