ADR

Question 1

Arbitration act 1996

Answer 1

Provides a framework for enforcing arbitration agreements

Question 2

Case for Arbitration Act 1996

Answer 2

Scott V Avery (1856): Made scott v avery clause: parties ignored clause saying they had to go to arbitration first.

Question 3

Define Mediation

Answer 3

Impartial third party helps disputing parties reach a mutually acceptable resolution.

Question 4

Is mediation legally binding?

Answer 4

No

Question 5

Define Arbitration

Answer 5

Arbitration is a decision made for two parties by a neutral party (the arbitrator), which is binding.

Question 6

Under what act are families required to undergo mediation in cases including things like child custody?

Answer 6

S10 Children and families act 2014

Question 7

What meeting do families need to undergo under the child and families act 2014?

Answer 7

Mediation information and assessment meeting (MIAM).

Question 8

In what sector is conciliation normally used?

Answer 8

Sports industry and family matters

Question 9

Definition for conciliation

Answer 9

Where a third-party helps parties come to an agreement but does not make a binding decision.

Question 10

Is it possible for conciliation to be binding if certain measures are met?

Answer 10

Yes, If an agreement is met and something like a court order is made then it can be.

Question 11

Under what act do family matters go to conciliation?

Answer 11

Family Law Act 1996

Question 12

CASE for conciliation

Answer 12

Luis Suarez (2014): Bit Chiellini during World Cup

Question 13

Is negotiation binding?

Answer 13

NO, unless they make their decision into a legal contract

Question 14

Case to show that mediation is encouraged do diminish wasting money in court fees?

Answer 14

Halsey v NHS 2004

Question 15

What section of which act gives guides for a successful conciliation?

Answer 15

Section 18 Enterprise and Regulatory Reform Act 2013

Question 16

What is adr?

Answer 16

Alternative dispute resolution. Ways of settling disputes outside of litigation.

Question 17

What happened in Dunnett v Railtrack plc (2002)?

Answer 17

Court of appeal didn’t award winnings due to failure to consider ADR.

Question 18

What does Halsey v NHS 2004 say?

Answer 18

Courts can encourage ADR but cannot force it due to access to court A6 ECHR

Question 19

How does Churchill v Merthyr Tydfil 2023 work in relation to Halsey v NHS?

Answer 19

This says courts CAN order for ADR to take place as long as it doesn’t unfairly interfere with access to court.

Question 20

What says that 80% of cases are settled at arbitration?

Answer 20

CEDR

Question 21

What gives parties the right to choose their arbitrator?

Answer 21

Institute of arbitrators.

Question 22

What is Acas?

Answer 22

Advisory Conciliation and Arbitration Service

Question 23

What is conciliation?

Answer 23

Involves third party taking a more ACTIVE role in suggesting ways to come to a settlement.

Question 24

What section of the arbitration act says that the parties can agree on how many arbitrators there are?

Answer 24

Section 15

Question 25

Advantages of arbitration

Answer 25

1. Flexible with parties choosing a lot of factors 2. Privacy 3. Quicker than court

Question 26

Disadv. Of Arbitration

Answer 26

1. Professional arbitrators are expensive 2. Rights of appeals are limited (s.69)