5- Strengths And Weaknesses Of Dispute Resolution Methods

Question 1

What are some strengths of mediation, conciliation and arbitration?

Answer 1

These methods are:

• relatively cheap
• flexible
• informal

Question 2

How are mediation, conciliation and arbitration cheap?

Answer 2

If the matter is resolved pre-trial, it saves parties the cost of court proceedings, and of legal representation (solicitors and barristers).

Question 3

How are mediation, conciliation and arbitration informal?

Answer 3

All parties can speak freely and there are no rules of evidence and procedure.

Question 4

How are mediation, conciliation and arbitration flexible?

Answer 4

Both parties can explore a range of resolutions / options. This allows the most appropriate decision to be made.

Question 5

What are some weaknesses of mediation, conciliation and arbitration?

Answer 5

These methods are:

• not binding (except arbitration)
• time consuming
• intimidating
• unsuitable

Question 6

Why is the non-binding nature of mediation and conciliation a weakness?

Answer 6

Because the decision is not binding, one party can renege it’s promise.

( note that arbitration IS binding )

Question 7

Why are mediation, conciliation and arbitration time- consuming?

Answer 7

These methods can be a waste of time if one party does not wish to cooperate or if they’re being unreasonable.

Question 8

How can mediation, conciliation and arbitration be intimidating?

Answer 8

If one party is intimidated by the other, they might be coerced or forced into a resolution that they’re unhappy with.

Question 9

Why might mediation, conciliation and arbitration be unsuitable?

Answer 9

When settling a long-running dispute where there is animosity between the parties, these methods are not always suitable.