Chapter 16 Self-test Questions

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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

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A party to arbitral proceedings may only appeal on a ______ __ ___.

Your response

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Every arbitration is handled by a single arbitrator

False correct incorrect

True correct incorrect

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Only qualified barristers and/or judges are qualified to sit as arbitrators.

False correct incorrect

True correct incorrect

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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

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One of the advantages of mediation is that it is guaranteed to produce a binding solution.

False correct incorrect

True correct incorrect

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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

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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

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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

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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

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Arb-med is a form of alternative dispute resolution.

False correct incorrect

True correct incorrect

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Adjudication always provides a final resolution of a dispute.

False correct incorrect

True correct incorrect

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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

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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

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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

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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

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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

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Which of the following is not an advantage of ADR?

Publicity correct incorrect

Speed. correct incorrect

Informality. correct incorrect

Technical expertise. correct incorrect