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W102 - Unit 12 Alternative dispute resolution - ADR

w102-unit-12-alternative-dispute-resolution-adr

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The right to a fair trial is now embodied in Article (***) of the European Convention on Human Rights (ECHR)

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His report led to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) which amended the rules relating to conditional fee agreements.

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Explanation

It became clear that reform was required and in 2008 Sir Rupert Jackson, a senior High Court judge, was appointed to review the civil justice system. His terms of reference were to review the costs of civil litigation and to make recommendations in order to promote access to justice at a proportionate cost, and this included a review of conditional fee agreements. His report led to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) which amended the rules relating to conditional fee agreements.

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Which categories of claims which do not qualify for legal aid funding? (choose 3)

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Which part of the Civil Procedure Rules places a duty on civil courts to encourage parties to use ADR prior to court?

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Types of ADR

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Arbitration
Adjudication

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Voluntary process where parties agree to use an independent person or body to settle a dispute. The final decision is made by the body, not the parties.
Within 28 days, this body as an independent party makes an interim binding determination of the dispute.

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