Appropriate dispute resolution - Mini-scenario 1

Facts

Fiona crashed her car into Carly’s car. Although there is some ambiguity regarding who was at fault, eyewitness accounts, tyre-tracks, and photographs taken of the crash indicate with certainty that Fiona was at fault. Carly sends a letter of demand to Fiona, claiming damages. Fiona, not believing she was at fault, denies liability and counterclaims for damages. Both decline any attempt to settle and court proceedings are initiated. Both Carly’s lawyer and Fiona’s lawyer are keen to commence a full hearing of the case. However, an independent assessment of the facts would likely demonstrate that Fiona should be content to settle out of court.

1:Which of the following would be least appropriate to order?
A)

Early non-binding neutral evaluation

Incorrect

 

B)

Case appraisal

Incorrect

 

C)

Conciliation

Incorrect

 

D)

Expert determination

Correct

 

2:Which of the following is least likely to influence Carly and Fiona to attend ADR?
A)

ADR would likely be the more economically sound avenue for Carly and Fiona to take

Incorrect

 

B)

ADR could be more time-effective than waiting to be heard by a court

Incorrect

 

C)

The immunity of a judicial officer does not extend to the facilitator of the ADR process they agree to participate in

Correct

  

D)

ADR enables Fiona and Carly to have more control over the process and outcome of the process

Incorrect

 

Comments

Post new comment

  • Allowed HTML tags: <a> <em> <strong> <ul> <ol> <li>
  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically. (Better URL filter.)
CAPTCHA
Please enter the words you see in the box, in order and separated by a space. Doing so helps prevent automated programs from abusing this service.

Main Navigation

JOIN Login

The Judicial Officers Information Network (JOIN) is an online resource for judicial officers and their support staff. JOIN ensures judicial officers have access to legislation, judgments, publications including benchbooks and manuals, sentencing statistics and legal reference material.

JOIN is for work use only. All users must agree to the terms and conditions before using it. The Judicial College supplies and manages the username and password.