alternatives to court or tribunal

Question 1

mediation

Answer 1

A cooperative method of dispute resolution.Parties in conflict sit and discuss issues and develop options and alternatives with the aim of reaching an agreement

Question 2

mediator
( relation to mediation)

Answer 2

independent third party that facilitates communication and encourages parties to reach an agreement without making suggestions

Question 3

conciliation

Answer 3

cooperative method of dispute resolution
-third party
-assists party to resolve dispute
-makes suggestion
-speaclist knowledge

Question 4

alternatives to court or tribunals

Answer 4

mediation
conciliation
arbitration

Question 5

mediation and conciliation, when to use

Answer 5

whether relationship between parties will continue
parties willing to make an agreement

Question 6

mediation and conciliation strength and weakness

Answer 6

strength- less formal, not legally binding decisions –> more relaxed

weakness –> one party may refuse to attend, (engagement) –>

Question 7

arbitration

Answer 7

independent third party listens to both sides and makes a legally binding decision. Otherwise known as arbitral award.
-conducted in private
- less formal
- less expensive

Question 8

appropriateness of arbitration

Answer 8

claim is less then 10,000 dollars
privately resolved

Question 9

positive, negative to arbitration

Answer 9

positive - binding decision –> equality

negative - parties have no control over outcome