Alternative Methods of Resolving Legal Disputes

599 Words Oct 3rd, 2013 3 Pages
A legal dispute is a disagreement over the existence of a legal duty or right. Usually most legal disputes are resolved in a court of law. However, there are alternative methods of resolving legal disputes other than by a court. Such methods include Tribunals as well as Arbitration. There are different Tribunals which exist to resolve a variety of disputes. Generally, a tribunal is known to be any person or institution with the authority to judge, to pass that particular judgment, or to determine claims or disputes. For example the industrial tribunal sits to dertermine statutory employment law disputes such as wrongful dismissal, unfair dismissal and redundancy. However industrial tribunals serve to resolve many more disputes than …show more content…
The process of arbitration is governed by the arbitration act which provides a flexible method of resolving disputes. Advantages | Disadvantages | Cheaper | No right of appeal | Speedy, informal and flexible | No jury for claimant | Private proceedings | Awards may be based upon justice and equity rather than evidence | Arbitrator is an appropriately qualified expert | Unknown bias and competency of the arbitrator | The arbitration award is final | May be highly complex |

Other alternative methods of resolving legal disputes are negotiation, mediation and conciliation. Mediation is a way of resolving disputes between two or more parties with concrete effects. Typically a third party assists the parties to negotiate a settlement. The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. Conciliation is a less formal form of arbitration. This process does not require an existence of any prior agreement. Any party can request the other party to appoint a conciliator. One conciliator is preferred but two or three are also allowed. In case of multiple conciliators, all must act jointly. Parties may submit statements to the conciliator describing the general nature of the dispute and the points at issue. Negotiation is the most basic means of settling our differences. It is back-and-forth
Open Document