What Are The Advantages And Disadvantages Of Dispute Resolution

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A dispute arises wherever the needs of two or more parties are not being met. Individual personality, comparison of possession of resources, diverse value system background, differentiated expectations, natural intrinsic greed and self- centeredness of human beings, respectively or collectively, contributes the production of disputes. Normally, people incline to adopting a genial and private approach to address the dispute with the consideration of comity. However, when situation gets ugly, litigation seldom be left whenever the parties have exhausted other resolutions or directly pursue a seemingly absolute just and definite result.
If the dispute is handled satisfactory to all parties, though it seems extreme tough and demanding, or at least
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Dispute resolutions of self-conflict, ambiguity and inadequacy usually fail to facilitate the resolution, instead impede the application of other effective methods, prolong the process and eventually produce a delayed, costly and hardly unsatisfying result for both parties. Therefore, there is a necessity to explore the basic requirements of drafting a dispute…show more content…
Accordingly, the parties rarely exclude arbitration or litigation as final resolution. The normal practice is proscribing the ADR as the pre-condition. Due to its flexibility and informality, the minimal requirement is enforceable. Whether the enforceability of negotiation or mediation is recognized as pre-condition, is at the court’s discretion based on the factual matrix, which includes all the evidence, either in writing or oral and the whole course of dealing ab initio.
A enforceable pre-arbitration or pre-litigation dispute resolution clause require as follow :
1. Sufficient and certain ADR procedure to implement, witch without require any other agreement or consensus to reach before matters can proceed , such as a selected mediator or a defined rule for selection of a meditator to resolve the dispute, or follow certain official rules, such as tshose employed by the Centre for Effective Dispute Resolution (CEDR) .
2. Mandatory language, to demonstrate the intention of parties stipulated the ADR as a pre-condition. In some circumstance, the word “may” could be constructed as a pre-condition, however, it is highly recommended to use words akin to “shall”, ”must” instead reduce the possibility of disagreement and risk of frustration of
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