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10 Cards in this Set
- Front
- Back
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Adjudicative |
An independent third party reaches an impartial decision in a dispute. |
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Non-adjudicative |
Parties retain control over process and outcome. |
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Arbitration |
One or more arbitrators reach a decision on the basis of information submitted by parties. Process agreed by parties or delegated to arbitrators. + Parties can select arbitrators with relevant expertise and experience. Private Process can be tailored to needs of dispute. Each party selects what material to submit. Process can be structured Simple and cost effective if written submissions. - Can be expensive if format like trial Final decision surrendered to 3rd party Non-co-operation difficult to deal with: no court powers. Arbitrators need careful selection |
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Adjudication |
Neutral 3rd party reaches decision through agreed process specialists Sometimes pre-agreed in contract May use industry body Decisions are only binding if parties agreed to this and may be in the form of a contract. |
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Expert determination |
Expert witnesses in litigation can be expensive and time-consuming. Both parties agree on an expert. Process agreed in writing Decision binding if agreed before Can separate out particular issues |
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Offer and acceptance |
Saves time and cost Where issues are limited Control difficult if not quickly settled The offer is without prejudice and confidential Can be expressly made as an open offer Should comply with Part36 to obtain best cost advantage |
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Negotiation |
No set procedure + Flexible Conducted by parties or lawyers Cost effective Limited prepation needed Clients retain control - Research and analysis Skills of negotiator Informality may be confusing Parties need to be realistic in expectations |
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Mediation |
Neutral 3rd party seeks to facilitate a negotiation process to resolve dispute Provided by courts Standard agreement available Lasts around a day Mediator contacts parties and does admin Shuttles between parties Final meeting Contract + Neutral 3rd party can see strengths and weaknesses of parties Mediator steps outside adversarial framework Can frame offers Help find way forward Lawyer and client can review offers Flexibility to express opinions Good success rate - Depends on skill of mediator Can increase cost May not work with antagonistic parties If only one side has legal representation |
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Early neutral evaluation |
Independent 3rd party Limited issues Whole or part of dispute Report Hearing or written submissions Early evaluation will save costs Useful where parties art entrenched But not binding Quality of report |
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Mini trial |
To determine specific issues Format agreed by parties Senior |
