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10 Cards in this Set
- Front
- Back
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IS ADR mandatory?
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YES! It is mandatory in all of Queen's Bench litigation |
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When is ADR exempt?
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- If the parties & judge do not think it will be beneficial - Nature of claim isn't likely to result in agreement - A compelling reason as to why is shouldn't be - Judge is satisfied that it won't work - Judicial decision is necessary or desirable |
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What is ADR an alternative to?
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What are the different types of ADR? (4)
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- mediation - arbitration - JDR (Judicial Dispute Resolution) |
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Negotiation
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When both parties deliberate and discuss to reach a mutually acceptable resolution to a dispute. |
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What are the basic purposes of ADR? (3) |
- quickly - cheaply - amicably |
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What are advantages of negotiation?
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- easy - private - resolves dispute quickly - you can walk away from the dispute as friends |
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What are disadvantages of negotiation? |
- might not work |
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Mediation |
Parties sit down together and attempt to come to a resolution with the help of a neutral third-party mediator. |
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Who can act as a mediator?
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