This class was created by Brainscape user Lorna Mashongamhende. Visit their profile to learn more about the creator.

Decks in this class (40)

chapter 1
What happens in adjudicative adr,
Why is adjudicative adr more pref...,
How do parties control the form o...
7  cards
rdoc pt 2-arbitration
Who conducts arbitration,
What do the arbitrators do,
3 ways arbitration process can be...
7  cards
adjudication
What does adjudication involve,
When is adjudication most appropr...,
How is it agreed
7  cards
expert determination
Disadvantages of expert determina...,
3 options of conducting expert de...,
Advantages
4  cards
baseball arbitration
What is baseball arbitration
1  cards
non-adjudicative options
What happens in non adjudicative ...,
How can the process happen,
Basis of 3rd party involvement
6  cards
offer and acceptance
What happens in offer and acceptance,
Pros,
Do contractual principles apply
9  cards
negotiation
Is it the most common form non ad...,
Is there a set procedure,
How does it happen
7  cards
mediation
What happens,
How long can it take,
Who attends mediation
11  cards
early neutral/expert evaluation
What is it,
When might this be appropriate,
How may it be conducted
5  cards
mini trial
Why mini trial,
Format,
Example of format
5  cards
conciliation
Definition,
What does conciliator do,
What happens if no result
4  cards
complaint or grievance procedures
Where can this be found,
What may it involve,
Example
6  cards
motivations for ADR
How can it be cheap,
How can it not be cheap,
How can costs be controlled
10  cards
motivations for ADR pt 2
How can confidentiality be protec...,
Why can you get more confidential...,
Why are a wider range of issues d...
4  cards
ADR=NOT APPROPRIATE
What dispute cannot be resolved b...,
Why might legal precedent make ad...,
What is the concern abour adr and...
8  cards
ch 3-timing ADR in relation to progress of case
When can adr be used,
Cons of premature use of adr,
Cons of using adr too late
21  cards
chapter 3 pt 2
6 ways courts may use interim ord...,
2 situations when it may be valid...,
When not reasonable to refuse adr
34  cards
ch4 pt 1
Lawyers and adr,
Penalties that can occue for nega...,
What can happen if adr not proper...
35  cards
ch 5 pt 1
What are the 6 ways of protection...,
4 difficulties that can arise wit...,
What argument will be made in rel...
36  cards
ch 5 pt 2
When will without prejudice not a...,
Can without prejudice apply where...,
9 cases where a court can view co...
15  cards
ch 6 pt 1
Where to find ethics for solicitors,
Main principles for solicitors 6,
What outcomes should a solicitor ...
9  cards
ch 7
Lawyers duty in relation to costs,
5 main reasons why adr may be cos...,
8 main elements of expense in adr
45  cards
ch 8
Will a court have powers to suppo...,
How can a judge support use of ad...,
Can a pt 36 offer be made before ...
19  cards
ch 9
Consequence of failing to act rea...,
When might court strike out a case,
Means by which court encourages adr
24  cards
ch 10
What is cost shifting,
5 ways costs can be shifted,
3 criteria for arguments pro adr ...
42  cards
ch 11
When can a court penalize a party,
What orders can the court make,
Most common sanction for refusing...
31  cards
ch 12
Is there a procedure for negotiation,
What parties might want to consid...,
When will court enforce negotiati...
5  cards
ch 13
Reasons why mediation works,
What should be done before mediat...,
What cases is mediation suitable for
28  cards
ch 14
What does facilitative mediator do,
What wont facilitative mediator do,
What is primary form of mediation
22  cards
ch 15
Why is it important to know when ...,
When does mediation begin and end,
What will mediator do directly be...
21  cards
ch 18
What is the final stage of the ad...,
What needs to be ensured in settl...,
Issue if client disagrees with te...
25  cards
RDOC Mock
Which one or more of tom s follow...,
Tom is involved in a contractual ...,
Which one or more of the followin...
20  cards
RDOC Mock SAQ
Phentes gas entered an agreement ...,
Marie and geoff formed a business...,
B on the facts of this problem wh...
8  cards
ch 19
Can terms of a settlement be whol...,
What does cpr part 2 provide for,
What can be made as consent order...
28  cards
ch 25
When can you seek judicial review...,
How can you enforce a domestic ar...,
How is permission sought to enfor...
44  cards
ch 24
1 what happens with a dispute rev...,
2 is an expert immune from suit,
3 can experts insert clauses to m...
24  cards
ch 23
1 what is conciliation,
2 what are grievances complaints ...,
3 difference between conciliation...
21  cards
ch 22
1 what is early neutral evaluation,
2 what does 3rd p evaluate,
3 difference between ene and eval...
27  cards
ch 20
How will compromises be enforced ...,
How will compromises be enforced ...,
How will compromise be enforced i...
18  cards

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RDOC pt 1

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