2L - Dispute resolution

Question 1

Dispute resolution process

Answer 1

is a series of steps that disputing parties follow in order to resolve a disagreement and reach a resolution.

Question 2

Mediation

Answer 2

involves an impartial third party facilitating discussions between disputing parties to help each side of the conflict reach a resolution themselves.

Question 3

Advantages of mediation:

Disadvantages of mediation:

Answer 3

• promotes positive working relationships the two parties ultimately make the decision together
• less formal, time-consuming and expensive than arbitration
• there is no guarantees that the dispute resolution will finally be solved
• as there is no legally binding decision, the end decision could be dismissed in the future

Question 4

Arbitration

Answer 4

involves an independent third party hearing arguments from both disputing parties and making a legally binding decision to resolve the conflict.

Question 5

Advantages of arbitration:

Disadvantages of arbitration:

Answer 5

• there is a guarantee that the dispute will be solved
• the final legally binding decision must be adhered to
• the method can destroy positive working relationships due to win/lose nature of the decision, and the fact that the decision is now out of both parties’ hands
• more formal, time-consuming and expensive than mediation