Alternative dispute resolutions – Questions and Answers

SUBJECT TITLE: Introduction to Law and Governance Revision Kit

TOPIC: Alternative dispute resolutions

QUESTION
April 2023 Question Four C
With reference to alternative dispute resolution, outline THREE features of arbitration. (3 marks)

QUESTION
December 2022 Question Five B
State FOUR disputes that are not eligible for alternative dispute resolution mechanisms. (4 marks)

QUESTION
August 2022 Question Two B
In the context of solving disputes through alternative dispute resolution:
(i) Explain four advantages of traditional dispute resolution mechanisms. (4 marks)
(ii) Summarise six grounds for setting aside an arbitral award. (6 marks)

QUESTION
April 2022 Question Four A
Discuss five potential disadvantages of litigation over alternative forms of dispute resolution. (10 marks)

QUESTION
December 2021 Question Two B and C
(b) Explain three key alternative dispute resolution mechanisms. (6 marks)
(c) (i) Describe the term “Dispute Review Board”. (2 marks)
(ii) Highlight three advantages of Dispute Review Boards. (6 marks)

QUESTION
December 2021 Pilot Paper Question One C
Article 159 of the Constitution provides alternative disputes resolution (ADR) as a way of solving disputes.

Discuss the advantages of ADR. (5 marks)

QUESTION
December 2021 Pilot Paper Question Seven C
Explain limitations of applying traditional methods in solving disputes. (8 marks)

QUESTION
May 2021 Question Four B
With reference to negotiation as an alternative dispute resolution (ADR) mechanism:
i) Identify five qualities of a good negotiator. (5 marks)
ii) Outline six objectives of the ADR system. (6 marks)
iii) Explain two types of conciliation. (4 marks)

QUESTION
November 2020 Question Four C
Highlight six powers of the arbitrator in a dispute referred to arbitration. (6 marks)

QUESTION
November 2019 Question Five A
Describe four circumstances that should exist in order for a mediation to be termed as “International Mediation”. (8 marks)

QUESTION
May 2019 Question Six B
Highlight four similarities between “arbitration” and “mediation” as means of resolving commercial disputes. (8 marks)

QUESTION
November 2018 Question Five B
List six advantages of using mediation in reaching a settlement in commercial disputes. (6 marks)

QUESTION
May 2018 Question Seven B
Explain two circumstances under which a party might challenge an arbitral award in the High Court. (4 marks)

QUESTION
November 2017 Question Five B
(i) Distinguish between “mediation” and “arbitration”. (4 marks)
(ii) Analyse four disadvantages of mediation over civil litigation. (8 marks)

QUESTION
May 2017 Question Four B
Discuss five circumstances under which the High Court might set aside an arbitral award. (10 marks)

QUESTION
November 2016 Question Seven A
Discuss the advantages and disadvantages of negotiation as a form of alternative dispute resolution. (10 marks)

QUESTION
May 2016 Question One B
Discuss four grounds of an application for judicial review. (8 marks)

QUESTION
May 2016 Question Four A
With reference to settlement of disputes through commercial arbitration, summarise the form and content of an arbitral award. (8 marks)

QUESTION
Pilot paper 2015 Question Four B
Explain four implied provisions in arbitration agreements. (4 marks)