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13 Cards in this Set
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Arbi- most formal ADR encouraged under Civil Procedure Rules 1999. Priv arbi governed Arbitration Act 1996 & voluntary submission by parties in dispute agree judgement some person other- judge (arbitrator) |
Agreement usually writing, commercial contracts include Scott v Avery Clause- parties in original contract agree disputes between them settled- arbi & court refuse deal dispute. H/e agreement go arbi also made after dispute. |
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Appointment of arbi left to parties. Agree use panel of 2/3 arbis/ sole arbi. Many agreements often name arbi/ provide method choosing one & commercial contracts often stated president relevant trade organisation- appoint arbi. |
Institute of Arbitrators provide trained arbis major disputes- have expertise relevant area/ parties choose appoint lawyer if involved point of law. |
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Parties agree dates&venue in consultation w/ arbi. Decide procedure. May choose paper arbi- parties submit arguments- writing w/ any docs to arbi- then make decision. Or send docs then hearing takes place B4 decision made. @hearing parties put forward case, witnesses called v/ formal way. |
Decision made by arbi called award. Binding & can enforced- courts if necessary. Under S68 Arbitration Act 1996 award challenged in courts on grounds serious irregularity in proceedings/ point of law. |
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Medi method ADR encourages under Civil Procedure Rules 1999. Uses neutral 3rd party (mediator) expertise relevant area help parties dispute reach compromise solution informal way. |
Most medis take place 1 day. Mediators fee about £1000 only suitable if parties willing- compromise |
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Medi consults each party privately at outset see common ground acts go-between with offers & counter offers. Not usually tell own views. |
Not always lead settlement of case and court may follow. H/e even if not settled issues clarified easier reach settlement |
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Used resolve any kind civil dispute commonly used commercial disputes between companies& family disputes- parties must show attended Medi Info & Assessment (MIAM) b4 court. |
Main commercial medi service Centre for Effective Dispute Resolution (CEDR) started 1991. Most big law firms member CEDR service includes providing parties list suitable medis w/ relevant expertise suggesting date&venue & running medi itself. 2016 CEDR reported 10,000 medis taken place involving £10.5 billion worth claims w/ 80% success rate |
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Some medi services resolve smaller disputes i.e neighbour disputes about noise parking dogs e.g West Sussex Mediation Service. Kent Family Mediation Service deals family disputes about children/ finances |
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Neg method ADR. Under Civil Procedure Rules 1999 encouraged explore possibility reaching early settlement out of court |
Is process of trying reach agreement, quickest & cheapest ADR. 95% civil claims settled out of court through Neg |
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Take place between parties/ their sols. Take place anytime during case, from before legal proceedings brought through to final trial. Take place email phone letter |
Tactics play part 1 party may stronger financial decision than other and once sols involved costs go up as trial goes on |
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Despite parties encouraged use ADR many claims settled at door of court before trial due to start cost sol and sometimes barrister brought sharply into focus |
Conciliation encouraged under Civil Procedure Rules 1999. Similar- medi neutral 3rd party (conci) expertise relevant area conci play more pro-active role |
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Council discusses issues both parties help better understand position, then actively suggest grounds compromise to reach settlement. Cannot seek evidence/ call witnesses. Not always lead settlement court may follow. Success relies willingness parties listen conci’s views |
V common industrial disputes employers-employees where Advisory Conciliation and Arbitration Service (ACAS) give unbiased opinion on legal position. ACAS helped resolve many industrial disputes e.g involving firefighters, teachers & 2015 dispute junior docs & gov |
