Case Case Study : Prima Facie Case

Arbitration is the submission of a disputed matter to an impartial person (the arbitrator) for decision. Arbitration is typically an out-of-court method for resolving a dispute. The arbitrator controls the process, will listen to both sides and make a decision. Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited.

Alternative dispute resolution is a highly effective instrument in resolving conflict and attaining justice for individuals in relation to resource efficiency and timeliness through utilising mediation, conciliation and arbitration. Mediation is an exceptionally efficacious informal process of dispute resolution, usually confidential and conducted with the assistance of an

Mediation happens when a 3rd party comes in and helps improve the relationship, enhances communication, and uses effective problem solving techniques. Administrative or managerial approaches and procedures used if conflict is between employees or members of an organization. The 3rd party, who does is allowed to make a decision is doing the mediation and is allowed to make a decision if need be. This approach reminds me of how the military handles conflict within their ranks. Being in the military I have seen this process conducted, they will allow the parties to try to resolve their own conflict, but if they cannot the authority figure does it for them. Arbitration is a private process still including a 3rd party that helps resolve the conflict. Arbitration comes in two forms med-arb and mediation then arbitration. Med-arb uses mediation as the first step to resolve the conflict, if mediation does not work they move on to arbitration, while the mediation then arbitration uses both with a different 3rd party for

(3) The action, findings or conclusions of the administrative law judge are not supported by substantial evidence; or

damages functions as a substitute for relief under the IDEA, a plaintiff cannot escape the

The middle ground that bridges an informal settlement and a lawsuit are alternative resolution procedures, such as mediation and arbitration

More formal dispute resolution solutions are also available, including mediation. With mediation, a neutral third party works with the injured party and the defendant to reach a negotiated settlement.

Mediation is usually initiated when parties can no longer handle the conflict on their own and when the only means of resolution appears to involve impartial third-party assistance.

This definition of just cause, which was set in 1967 by the Ontario Court of Appeal, continues to be referred to today. When just cause is proved, an employee can be dismissed without notice or compensation. Just cause can be defined as, “employee conduct that amounts to a fundamental breach of the employment contract.” Just cause can be found through any one of the following

Arbitration is like a trial but less formal. In arbitration, two sides present their evidence to an arbitrator. The arbitrator decides who wins and who loses. An arbitrator does the job that a judge or jury would normally do in court.

WHEREAS, the Parties have concluded that this Agreement is a fair, reasonable and adequate resolution of all Claims that have been made, or could have been made in the Suit; and

An agreement to mediate future disputes means that the parties want to present their side to a mediator, a third party who is neutral. This mediator’s

 The parties in the arbitration process decide jointly on the arbitrator; in a litigation,

An Arbitral Tribunal which in case of a dispute decides the matter on the basis of,

Remedy is where the inured party enforce their rights or get a reward for a loss. It also means to achieve justice where legal rights are involved. There are many types of remedies and some of them may be ordered by court, granted by judgement, by agreement between two parties and operation of law. The remedies depend on the nature of the breach. The remedies available under the Law Of Contract are Rescission, Restitution, Damages, Specific Performance, Injunction,Mareva Injunction, and Quantum Meruit.