Order Of Stages
What does ADR stand for?
Alternative Dispute Resolution.
In ADR, what does the rule about mediation agreements say regarding their use in court?
They are not admissible as evidence in court.
In, ADR what does the A stand for?
Alternative or Apporpriate
What are Disagreements about fences, noise complaints, or use of shared spaces often fall into this category of ADR cases.
Neighbourhood & Community Disputes
In ADR, what is the main goal of negotiation?
To have the parties communicate directly to reach a mutually acceptable agreement without involving a third party.
Why are mediation agreements usually not admissible in court?
To encourage open and honest discussion without fear of statements being used later in legal proceedings.
True or False — Circumstantial evidence can be used in ADR to help reach a resolution.
True
What are Claims of unfair dismissal, workplace bullying, or pay disputes are examples of this ADR case type.
Workplace & Employment Issues
What is the role of the mediator in ADR?
To help the parties communicate, clarify issues, and explore solutions.
What is one legal consequence for a party if a mediation agreement cannot be admitted in court?
They may have to start legal proceedings from scratch without relying on mediation outcomes as proof.
Give one example of circumstantial evidence in a workplace dispute during ADR.
An email showing a change in tone between colleagues before a conflict arose.
What are Breaches of contract, disputes over goods and services, or unpaid debts are handled under this ADR category.
Commercial & Contract Disputes
How is conciliation different from mediation?
In conciliation, the conciliator can actively suggest solutions and give advice, whereas a mediator focuses only on facilitating a discussion.
What is one way parties can make a mediation agreement enforceable in court?
By putting the agreement into a legally binding contract or having it formalised as a court order.
Why might circumstantial evidence be important in mediation?
It can help build a timeline or context for the dispute when direct evidence is missing.
What are Personal injury claims, medical negligence, or motor vehicle accident claims are part of this ADR case type.
Civil Injury & Compensation Claims
In arbitration, what makes the decision different from other ADR methods?
The arbitrator makes a binding decision that is enforceable in law, similar to a court judgment.
How can the inadmissibility of mediation agreements in court be both a problem and a benefit?
It’s a problem because agreements can’t be used as proof in disputes, but a benefit because it promotes honest negotiation and confidentiality.
In arbitration, how is circumstantial evidence weighed compared to direct evidence?
It can be considered equally valid if it strongly supports a logical inference about what happened.
What are Cases involving unfair treatment based on race, gender, age, or disability are known as this type of ADR dispute.
Equal Opportunity & Discrimination Cases