What Are The Advantages And Disadvantages Of Dispute Resolution

Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dis­pute without the involvement of a third party. This is

After carefully considering the situation in both plaintiff (Eunice) and defendant (RFYL), arbitration should be an effective Alternative Dispute Resolution in

Negotiation, mediation, and arbitration are all forms of Alternative Dispute Resolution (ADR) that are alternatives that organizations use to avoid litigation in court.  According to Valenti Law, negotiation and mediation are forms of non-binding ADR, while arbitration is a binding ADR (2011).  Since arbitration is a binding ADR, the arbitrator’s decisions are legally binding and cannot be challenged by either party in the arbitration.  “There are limited grounds for challenging the decision” (Valenti Law, 2011).

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

 One party may be more manipulative or stronger than the other party.  ADR’s may not be appropriate if there is animosity between the parties. It is also difficult if one party to the dispute may refuse to attend the resolution process if it is

As litigation continues to be a time-wasting, costly, distracted, and unsatisfactory practice for dispute resolution, alternative dispute resolution increases in popularity, specifically, mediation and arbitration. Arbitration is a cost efficient substitute to litigation that is the yielding of a dispute to an impartial party in order to receive a final incumbent decision in the form of an award. Arbitration is sensitive, classified, and modeled to be a swift, and inexpensive solution to dispute. Participating parties may include additional terms in the agreement identifying arrangements to their agreements’ arbitration clauses to meet the requirements of their discrete dispute. In summation, arbitration is process that is private, speedy, cost efficient, and customized to the liking of the parties involved.

Conflict resolution is necessary to keep focus and sustain the positive process. Collection of all the facts should be done prior to attempted resolution. Communication to the parties in a private setting to get their perspective is the idea. Only give opinions afterwards. Unless all is understood one cannot move onto mediation. After making the decision, be resolute in the delivery. (Lewicki, Saunders, & Barry, 2015)

Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.

This paper begins in Section II by providing context to the issues in land dispute resolution

In business, disputes that occur between businesses (business to business dispute), employer and employee (business to employee) and business and customers (business to consumers) are inevitable and there are laws that are put in place to ensure that disputes are settled and ethical behaviors are promoted within and outside the

Conflict is defined as the behaviour due to which people differ in their feelings, thought and/or actions. Collins (1995) states that the conflict is a ‘serious disagreement and argument about something important’ and also as ‘a serious difference between two or more beliefs, ideas or interests’ (cf. Kumaraswamy, 1997, p. 96). In general it is believed that conflicts are the underlying cause of disputes. In other words, dispute is a manifestation of the deep rooted conflict. A dispute is defined as ‘a class or kind of conflict, which manifests itself in distinct, justifiable issues. It involves disagreement over issues capable of resolution by negotiation, mediation or third party adjudication’

Mediation is the quickest developing conflict resolution technique. It speaks to another option to the ‘win-lose’ adjudicative procedures. Mediation likewise offers a specific

As human beings, we are caught up daily in a complex web of social and commercial interactions. For as long as these interactions continue, interests are bound to clash. When interests clash or are in completion with the interest of others then we can say a dispute has arisen. For as long as humans exist there will be disputes.

     Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants;

Unless otherwise agreed by the parties, the arbitral proceedings commence on the date on which a request for arbitration is received by the respondent. The request must designate the parties as well as the subject matter of the litigation, and it must indicate that an arbitration agreement was concluded. The ZPO only requires the request to contain the names of the parties, the subject matter of the dispute and a reference to the arbitration agreement. However, the request may, and usually does, contain details of the facts, legal arguments and evidence in support of the claim. Service of the request for arbitration suspends the limitation period. The parties may deviate from this procedure by agreement. In particular, the rules