Chapter 4

A method of resolving disputes using an independent third party who may either impose a solution or help the parties reach their own agreement.

ADR where the third party can impose a solution, like a binding arbitration.

ADR where the third party helps parties reach their own solution, but cannot impose one, like mediation.

A formal legal process where a judge decides the outcome of a dispute.

A formal, legally binding process where an arbitrator makes a decision on a dispute, as per a prior agreement.

Benefits of ADR include a quicker resolution, potentially lower costs, and greater flexibility, unlike litigation.

Disadvantages of ADR include the lack of legal precedent, a potential lack of enforceability, and the risk of an unfair outcome.

Various ADR methods exist, including negotiation, mediation, conciliation, and arbitration, each with its own specific characteristics.

The ability for one party to compel another to arbitrate a dispute, based on a prior agreement.

A key characteristic of ADR, emphasizing the unbiased role of the third party.

A method of ADR where parties engage in direct discussions to resolve a dispute. It's voluntary and non-binding, with no external third party.

The ability of the third party in ADR to offer creative solutions, potentially beyond what the parties themselves would have considered.

Factors that influence a party's decision to use ADR over litigation, such as time, cost, and desired outcome.

A court's obligation to consider the fairness, cost, and efficiency of the process, encouraging ADR methods whenever suitable.

A statement emphasizing the importance of settlement and ADR, promoting their use in resolving disputes.

Confidential proceedings where parties agree to avoid disclosing specific information.

Public records of proceedings that can be accessed by anyone according to specific court rules.

The quality of being cheap and fast, a key benefit compared to lengthy and expensive litigation.

ADR can help maintain relationships, unlike litigation which might damage them.

Flexibility in the solution and process, allowing for unique situations and creative solutions.

A clause in an agreement that requires parties to engage in ADR before resorting to court or arbitration.

A court can stop litigation if a party failed to follow an agreed ADR method, even if that method isn't formally an arbitration agreement.

The obligation to use ADR must be clearly defined as a requirement before going to court or arbitration.

A process where parties agree to resolve disputes in stages, starting with informal negotiation and progressing to mediation.

Courts increasingly encourage ADR, even if it's not specifically mandated by an agreement.

Parties can withdraw from ADR at any stage before a solution is agreed upon.

In the case of Cable & Wireless v IBM UK Ltd, the court enforced a previously agreed ADR method.

In the case of Ohpen Operations UK Ltd v Invesco Fund Managers Ltd, the court stayed litigation to enforce tiered dispute resolution.

A process where a judge provides an informal opinion on legal issues, potentially leading to a settlement or narrowing the scope of the case.

In ENE, the parties agree that the judge's opinion is confidential and won't be shared with other judges involved in the case.

The outcome of ENE is typically 'without prejudice' meaning it can't be used against the parties in future litigation.

While not legally binding, the parties can agree to make the ENE decision binding, either unconditionally or contingent on certain conditions.

Papers reviewed during ENE are promptly returned to the parties, preventing them from becoming part of the official court file.

The judge conducting ENE will not be the judge presiding over the trial, ensuring impartiality in the final decision.

The amount of formality and time allocated for an ENE session is determined by the presiding judge, considering the complexity of the case.

ENE aims to encourage settlement by providing impartial guidance and potentially reducing the need for costly and time-consuming litigation.

A process where a judge provides a non-binding opinion on the likely outcome of a case, based on written submissions from the parties.

Schemes that aim to resolve complaints through mediation or arbitration, often offered by organizations beyond the court system.

A process where a neutral third party helps disputing parties reach a mutually agreeable solution, potentially using creative methods that the parties hadn't considered themselves.

A pre-trial process where a judge provides a non-binding opinion on the likely outcome of a case. It aims to encourage settlement and streamline litigation.

An organization that offers Alternative Dispute Resolution (ADR) services, such as mediation or arbitration, outside the court system.

A key benefit of ADR methods such as early neutral evaluation is that they can help guide parties toward a settlement, potentially saving time and cost.

Ombudsman schemes and alternative dispute resolution (ADR) methods like mediation and arbitration offer options for resolving disputes outside of traditional litigation, providing avenues for quicker and potentially cheaper resolution.