Deck 3: Alternative Dispute Resolution

Question 1

Which of these answers does not describe ADR?

A) Adjudicatory processes whereby a final and binding determination is made on the dispute.
B) Referring the dispute to an agreed expert who will determine the matter.
C) Conducting a case where the courts would be a suitable venue or process to resolve the matter.
D) Various non-adjudicatory processes whereby the parties are encouraged to reach a self-made solution to the matter.

Answer 1

C

Question 2

Which of these definitions is the least accurate?

A) Parties choosing adjudicative ADR are choosing a method of dispute resolution where a solution will be imposed upon them.
B) Parties choosing non-adjudicative ADR are merely selecting a forum or process by which they are helped to reach a settlement devised by themselves.
C) Parties can only agree to a non-adjudicative ADR process after a dispute has arisen.
D) Parties can agree before any dispute arises between them which form of non-adjudicative ADR they must have in the event that a dispute arises.

Answer 2

C

Question 3

If a party refuses to attempt ADR pre-action or refuses to co-operate in a stay of proceedings to enable ADR to be attempted which of the following consequences may not be accurate?

A) The party who has refused ADR may be penalised in any costs recovery and may either not be granted a costs order in his favour even if he subsequently goes on the win his case or he may be ordered to pay indemnity costs to his opponent.
B) The party may be asked to fully explain his reasons for not cooperating.
C) The party may be de-barred from future conduct in the action.
D) The reluctant party may need to justify his actions.

Answer 3

C

Question 4

Which of the following should not take place in mediation?

A) The mediator will recommend terms of settlement to the parties
B) The mediator may use information he receives from each party in the mediation process to enable the other party to weigh up the strengths or weaknesses in their case, and, in this way bring the parties closer to reaching a reasonable settlement.
C) The mediator will discuss and investigate with each party the parts of their case that are most important to them, and in this way help the party to focus on the issues that are most important to that party and to see which parts he could compromise
D) When the mediator has spent his agreed time with each party in the mediation process he may, in concluding the process, outline the consequences to both parties of the failure to reach agreement if settlement is looking unlikely.