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Law 1a green, Conciliation - Coggle Diagram
Law 1a green
ADR
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Arbitration
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Scott v Avery Clause - Where businesses in a contract state that any contractual breaches will be resolved using Arbitration
Parties submit claims (usually written) to an Arbitrator to receive a legally binding award(verdict)
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Advantage - matter usually dealt with privately - means that the business don't have their reputation and business relationships with the other parties affected
Advantage - hearing time + place can be arranged to suit parties -allows the businesses to be flexible and minimise costs
Disadvantage - unexpected legal point can arise which may not be suitable for an arbitrators to decide - may lead to unfair award
Disadvantage - professional arbitrator can be costly - increases costs for the parties - problematic if party is a business under high cost pressures
Disadvantage - can be excessively expensive as it is possible to have a formal hearing (with witnesses and lawyers) - time and cost inefficient - disadvantages all parties in the contract
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Civil courts
3 Track System
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Small Claims Track
- For claims under £10,000 and personal injury claims under £1000
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