Dispute Resolution and Non-adjudicative Processes

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LAW1101 INTRODUCTION TO LAW AND LAW5201 COMMERCIAL LAW S1, 2013 ASSIGNMENT 1 SCENARIO 1 The roots of your neighbour’s tree have grown under your path and broken it. They have also clogged your sewerage pipes. On the other hand you have often taken the fruit from your neighbour’s tree. At a Christmas gathering gone wrong, you both threaten to sue each other. In this dispute, using non-adjudicative processes by Mediation or by using adjudicative processes by litigation can solve the case as the dispute is between two neighbours. The following are the advantages and disadvantages of mediation (Goldberg, Green & Sander 1985) and litigation (Levin & Golash 1985). Advantages of mediation a) The process Provides high…show more content…
The best choice is using non-adjudicative processes of independent third party appraisal can solve the case between Sally and Billy. Looking at advantages and disadvantages of independent third party appraisal (Mistelis 2001). Advantages of third party appraisal a) The parties find it easy to delegate share valuation to some qualified, independent third party evaluator. b) As a dispute resolution practitioner, person can articulate and advice the facts so that the desired outcomes can be achieved. Disadvantages of third party appraisal a) The principal disadvantage of this system is its potential expense; professional valuators may charge significant fees for their services. b) An independent expert in the relevant area must be chosen to solve the dispute and the decision might not be necessary final. To identify the father of the unborn child Sally and Billy must go through prenatal paternity testing (Makrydimas et al. 2003), accuracy of the test depends on the service provider. The bill amount is estimated around $420 which can be split between Sally and Billy. As they don’t understand how DNA testing works, a DNA Test consultant will play a major role in finding the unborn child’s father, as the Test consultant may help both of them step by step procedure of prenatal paternity test individually. SCENARIO 3 Supervisor, Carl, does not get on with one of his workers, Chia. Carl decides to change Chia from day shift to night
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