Dispute Resolution

Question 1

What is Mediation?

Answer 1

Mediation is a confidential process whereby parties to a dispute invite a neutral individual to facilitate negotiations between them with a view to achieving a resolution of their dispute.

Question 2

Advantage of Mediation

Answer 2

The Mediator does not take sides or make decisions.

Question 3

Disadvantage of Mediation

Answer 3

The Mediator has no power - parties must be willing to compromise.

Question 4

What is Arbitration?

Answer 4

Arbitration is a legal proceeding under the Arbitration Act. The arbitrator reaches a decision on the basis of evidence before him or her sometimes at a formal hearing. The arbitrator can call for discovery of documents and interprets the evidence.

Question 5

Advantage of Arbitration

Answer 5

The process is confidential.

Question 6

Disadvantage of Arbitration

Answer 6

No appeals: the arbitration decision is final.

Question 7

What is Adjudication?

Answer 7

Adjudication is a method of dispute resolution used in the UK. The UK Housing Grants, Construction and Regeneration Act 1996 gives any party to a construction contract a right to have any dispute decided at any time by adjudication.
Similar working to Arbitration.

Question 8

Advantage of Adjudication

Answer 8

The process is quick: the adjudicator has 28 days from appointment to make a decision. If both parties agree then a 14 day extension can be applied.

Question 9

Disadvantage of Adjudication

Answer 9

28 day period limits detailed analysis and investigation into the case.