Deck 18: Remedies and Appeals

Question 1

ADR stands for Alternative _______ Resolution.

Answer 1

Dispute

Question 2

The most formal type of ADR is ___________.

Answer 2

arbitration

Question 3

The Arbitration Act 1996 sets out the three principles under which arbitration must take place.

Answer 3

False

Question 4

Arbitration is a form of consensual ADR.

Question 5

Which of the following is the most accurate statement of law?

A) The decision of the arbitrator is always final.
B) The decision of the arbitrator is usually final but can proceed to court with the consent of the arbitrator.
C) The decision of the arbitrator is usually final but can be appealed to the Court of Appeal (Civil Division).
D) The decision of the arbitrator is usually final and courts will be slow to entertain a challenge to the adjudication.

Question 6

Mediation is a form of consensual ADR

Question 7

If conciliation breaks down then ADR has failed and the matter must proceed to litigation.

Question 8

A judge, when presented with litigation, has the power to adjourn the matter despite the wishes of the parties and 'suggest' they try ADR.

Question 9

Lord Justice Briggs suggested the creation of an 'online court' in his review of the structure of the civil courts.

Question 10

ADR cannot be used in Family Law proceedings.