Alternative Dispute

Resolution
Lawyers love a good argument,
preferably a long very costly one.
Their clients want their problem
solved, as quickly and cheaply as
possible.
The Economist 2002
 ADR
Collective term for the ways that
parties can settle disputes, with
(or without) the help of a third
party.
Alternative to litigation-
 ADR_ NEGOTIATION
participation is voluntary
no third party facilitates the resolution
process or imposes a resolution.
Made up of:
-Process (how the parties negotiate: e.g.
relationship, context)
-Substance: what the parties are negotiating
over.
 ADR: MEDIATION
A third party, a mediator, facilitates the
resolution process (offering a "mediator's
proposal"),
but does not impose a resolution on the
parties.
 ADR: ARBITRATION
participation is typically voluntary,
there is a third party who, as a private judge,
imposes a resolution.
 LITIGATION
Decided by a judge in a court, with a final
binding decision
 AWARD
Decision
monetary.- non monetary
 Contract Law
To constitute a contract there must be an offer
by one person to another and an acceptance
of that offer by the person to whom it is
made
Acme Grain co. V. Wenaus, 1917
 Contract
A Promise either enforced or recognised by
law
Pact sunt servanda
 Elements:
OFFER
- someone offers something
Termination: refused, counter offer, revoqued
prior to acceptance, death
 ELEMENTS:
ACCEPTANCE
Expression of assent. Silence is not binding
 Elements:
Intention
There must be the intention to
make a contract
 Breach of contract
A binding agreement is not honoured
The non-breaching party may ask to award
damages
 Remedies
Damages= monetary remedy
Specific performance= the court imposes to
perform the contract
Injunction: requiring a person to do
something) or prohibitory (stopping them
doing something
 Remedies
Recission: unmaking of a contract between
parties
Rectification: a court orders a change in a
written document to reflect what it ought to
have said in the first place
 OT
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