9084 · 1.2.2
Alternative methods of dispute resolution flashcards
Revision flashcards for Cambridge 9084 Alternative methods of dispute resolution (syllabus 1.2.2). Flip, recall, then mark a real past-paper question.
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Negotiation?
Parties communicate directly to reach settlement — no third party, fully flexible.
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Mediation?
Neutral mediator facilitates agreement — outcome non-binding unless written contract.
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Conciliation?
Conciliator may propose solutions — used in employment (ACAS) and family disputes.
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Arbitration?
Private tribunal gives binding award — governed by Arbitration Act 1996; limited court appeal.
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Pre-action protocols?
CPR requires parties to consider ADR before issuing claim — costs penalties if unreasonably refused.
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Main ADR advantage?
Cost, speed, confidentiality, and party control — preserves commercial relationships.
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What is the key difference between a mediator and a conciliator?
A mediator facilitates discussion but does not offer opinions or solutions. A conciliator takes a more proactive role and may suggest settlement terms and give an opinion on the merits of the dispute.
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What is an 'arbitral award'?
It is the final, legally binding decision made by an arbitrator at the conclusion of the arbitration process. It is enforceable in the courts in the same way as a court judgment.
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Under which Act of Parliament is arbitration in England and Wales primarily governed?
The Arbitration Act 1996.
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What is a 'Scott v Avery' clause?
A clause in a contract that obliges the parties to go to arbitration to resolve any disputes that arise under the contract before they can take the matter to court.
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What is the role of ACAS in dispute resolution?
The Advisory, Conciliation and Arbitration Service (ACAS) is an independent public body that provides conciliation services, primarily for resolving employment and workplace disputes in Great Britain.