ADR
- Created by: sophiejackson2501
- Created on: 16-05-14 09:44
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- Negotiation
- Not binding
- can involve a solicitor who tries to negotiate a settlement
- this is done between the parties themselves
- Alternative Dispute Resolution
- Mediaton
- where a neutral mediator helps the parties reach a compromise by looking for common ground
- aimed at disputed between neighbours
- in divorce cases where there is a question of finances or children
- parties must agree to mediate
- Mediaton
- Mediaton
- where a neutral mediator helps the parties reach a compromise by looking for common ground
- aimed at disputed between neighbours
- in divorce cases where there is a question of finances or children
- parties must agree to mediate
- Alternative Dispute Resolution
- Conciliation
- similar to mediation but the conciliator takes a more active role
- suggests grounds for compromise and basis for settlement
- similar to mediation but the conciliator takes a more active role
- suggests grounds for compromise and basis for settlement
- decision not binging
- Arbitration
- agreement to go to arbitration is governed by the arbitrations act 1996
- agreement to go to arbitration can be made before a dispute arises via a scott v avery clause in contract
- both parties must voluntarily agree to arbitrate
- an agreement will;
- name an arbitrator or provide a method for choosing one
- decide on the procedure
- just a paper hearing - no witnesses
- a more formal court like hearing
- decision is binding
- both parties must voluntarily agree to arbitrate
- agreement to go to arbitration is governed by the arbitrations act 1996
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