Alternative Dispute Resolution. RESEARCH ASSIGNMENT

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ALTERNATIVE DISPUTE RESOLUTION

LUKE BUCHHOLTZ
2011018492
RESEARCH ASSIGNMENT

Submitted to partially comply (in the module PPR 404) with the conditions for the degree

B.Sc (Quantity Surveying) Honours

Department of Quantity Surveying and Construction Management
Faculty of Natural and Agricultural Sciences

UNIVERSITY OF THE FREE STATE
BLOEMFONTEIN

Mrs M-M Els

2013

TABLE OF CONTENTS
ALTERNATIVE DISPUTE RESOLUTION 1. Chapter 1 Introduction 3 2. Chapter 2 What is Alternative Dispute Resolution 3 3. Chapter 3 The Concepts of Conflict and Disputes 3 4. Chapter 4 The Development of Alternative Dispute Resolution 3 5. Chapter 5 Types of Alternative Dispute Resolution 3 6. Chapter
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All decision-making processes contain an element of conflict. The democratic process in most societies is built on the basis of conflicting ideas and interests. Conflict can become damaging when irreconcilable conflict cannot be resolved through negotiation or discussion. Certain conflicts can be resolved through dispute resolution procedures such as injunctions or court interdicts. However, not all conflicts can be resolved through dispute resolution processes.

Disputes can be defined as a certain class of conflicts which can manifest in various judicial issues. A dispute involves the disagreement over certain issues which can be resolved through negotiation, mediation or a number of other dispute resolution methods involved a completely neutral third party. The differences in the dispute can be objectively examined by the parties in the case of a negotiation or can be viewed by a neutral party in the case of other methods. The neutral will then take a view on the issues at hand and can assess the correctness of one party or another. An actual dispute will not exist until a claim is asserted by one party over another, which in turn the other party disputes. Very often a contract will stipulate the preferred method of resolving a dispute which must be followed. However, if no dispute exists and one party would like to enforce a contractual aspect on the other party this can be done through the courts. But if a dispute exists then specified
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