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Return to English Legal System, 5e Student Resources
Chapter 16 Self-test questions
Quiz Content
*
not completed
.
With which type of dispute is arbitration typically associated?
Matrimonial disputes.
correct
incorrect
Contractual disputes.
correct
incorrect
Criminal prosecution
correct
incorrect
Immigration disputes.
correct
incorrect
*
not completed
.
A party to arbitral proceedings may only appeal on a ______ __ ___.
Your response
*
not completed
.
Every arbitration is handled by a single arbitrator
False
correct
incorrect
True
correct
incorrect
*
not completed
.
Only qualified barristers and/or judges are qualified to sit as arbitrators.
False
correct
incorrect
True
correct
incorrect
*
not completed
.
Which of the following areas are suitable for mediation?
Please select all that apply.
Matrimonial disputes
correct
incorrect
Property disputes
correct
incorrect
Negligence claims
correct
incorrect
Criminal prosecutions
correct
incorrect
*
not completed
.
One of the advantages of mediation is that it is
guaranteed
to produce a binding solution.
False
correct
incorrect
True
correct
incorrect
*
not completed
.
In
Dunnett v Railtrack
(2002), the Court of Appeal held that a party to a dispute that refused an offer from the other party to mediate could face '_____________ _____ ____________' if they went on to win the case in court.
Your response
*
not completed
.
How did the Court of Appeal in
Halsey
modify the scope of the rule in
Dunnett
?
It was restricted to cases where mediation had a realistic prospect of success
correct
incorrect
Dunnett
was overruled in
Halsey
correct
incorrect
There was no change
correct
incorrect
It was restricted to cases where mediation was guaranteed to produce a mutually agreeable outcome
correct
incorrect
*
not completed
.
Which factors were identified by the Court of Appeal in
Halsey
for determining whether or not a refusal to agree to mediate was reasonable?
Please select all that apply
whether other settlement methods had been attempted
correct
incorrect
whether the costs of ADR would be disproportionately high
correct
incorrect
the nature of the dispute
correct
incorrect
the merits of the case
correct
incorrect
*
not completed
.
According to CEDR (the Centre for Effective Dispute Resolution), one from of ADR, _____ _______ __________, can be defined as 'a preliminary assessment of facts, evidence or legal merits'.
Your response
*
not completed
.
Arb-med is a form of alternative dispute resolution.
False
correct
incorrect
True
correct
incorrect
*
not completed
.
Adjudication always provides a final resolution of a dispute.
False
correct
incorrect
True
correct
incorrect
*
not completed
.
The 'early conciliation' scheme under s.16A of the Employment Tribunals Act 1996 allows, but does not compel, employees with an employment dispute to take their case to ACAS before litigating
False
correct
incorrect
True
correct
incorrect
*
not completed
.
The
Halsey
principle (that a failure to mediate will only be penalised where it was unreasonable to do so) also applies to industry arbitration schemes such as ABTAs
True
correct
incorrect
False
correct
incorrect
*
not completed
.
Generally speaking, the courts will order a 'stay' to litigation if a contractual clause contains an agreement to arbitrate
True
correct
incorrect
False
correct
incorrect
*
not completed
.
Generally speaking, the courts will
not
order a 'stay' to litigation if a contractual clause contains an agreement to adjudicate or mediate
False
correct
incorrect
True
correct
incorrect
*
not completed
.
Which of the following 'defects' with litigation did Lord Woolf (then the Master of the Rolls) identify in his 'Access to Justice' report in 1996? Please select all that apply.
It was too expensive
correct
incorrect
It was too uncertain
correct
incorrect
It was too slow
correct
incorrect
It was too adversarial
correct
incorrect
*
not completed
.
Which of the following is
not
an advantage of ADR?
Publicity
correct
incorrect
Speed.
correct
incorrect
Informality.
correct
incorrect
Technical expertise.
correct
incorrect
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