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ADR
Question | Answer |
---|---|
Two parties deal with the issue between themselves | Negotiation |
A neutral 3rd party facilitator finds common ground for agreement | Mediation |
A 3rd party facilitator suggests grounds for compromise | Conciliation |
An expert receives a written argument from each side | Arbitration |
It's quick + cheap, and non-binding | Negotiation |
Expert opinion | Arbitration |
Non-binding, good for neighbour disputes | Conciliation |
Common ground found and agreement written + signed | Mediation |
The act that allows the parties to decide how many arbitrators there are | Arbitration Acr 1996 s.15 |
The act that states the outcome can only be challenged on a point of law or if the arbitrator is wrong | Arbitration Act 1996 s.68 |
Case where 3 horses were killed by train (cost benefit of ADR) | Dunnet v Railtrack |
Case where contractor was unhappy with builder's work (cost benefit of ADR) | Burchell v Bullard |
Act that states all divorce cases must go to mediation before court | Family Law Act 1996 |