Civil Courts and Other Forms of Dispute Resolution (OCR A-Level Law): Flashcards

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Using the Civil Courts and ADR to Resolve Disputes
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Arbitration - binding nature

Decision must be followed, enforceable through courts

Impartial (arbitrator)

Neutral and does not favour either side

Scott v Avery clause

Contract clause allowing parties to request arbitration anytime

ACAS - full name

Advisory, Conciliation and Arbitration Service

Mediation vs Conciliation difference

Mediation facilitates; conciliation actively suggests solutions

Negotiation - main advantage

Quickest and cheapest dispute settlement method

Mediation - key disadvantage

Decisions may not be legally binding on parties

Conciliation - key feature

Conciliator actively suggests solutions to parties

Arbitration - enforcement

Binding decision, enforceable through courts if necessary

Small Claims Court - District Judge role

Takes active role, sets time limits, asks questions

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