Dispute Resolution detailed

Question 1

Arbitration Act 1966

Answer 1

1. Ensure arbitration is fair, cost-effective and rapid
2. Promote party autonomy i.e. respect the parties choice
3. Ensure court’s supportive powers are available at appropriate times
4. Ensure that language used is user friendly and clearly accessible
5. Follow the model law wherever possible

Question 2

Mediation features

Answer 2

• Informal, not bound by rules or required resources
• Timing is in control of parties, subject to availability of mediators
• Flexible
• Inexpensive due to informality and speed
• Confidential unless appeal is made to courts
• Can improve relationships between parties
• Control remains with the parties
• Allows for creative solutions to disputes

Question 3

Adjudication features

Answer 3

• Informal, at discretion of adjudicator
• Operates under strict time scales under the act, 33-49 days
• Flexible
• Can be inexpensive due to time restrictions
• Confidential unless an appeal is made
• Confrontational, opposing parties convince tribunal that the other is wrong
• Control & choice handed over to adjudicator
• Limited to legal remedies but allows for prompt solutions

Question 4

Arbitration features

Answer 4

• Formal and complicated compared to mediation
• Often fast but dependant on availability of parties/arbitrators
• Flexible
• Can help reduce costs in proportionate manner, state pays for judges & rooms, parties pay for arbitrator
• Confidential unless an appeal is made to courts
• Not conducive to improving relationships
• Hands over control & choice to arbitrator
• Does not allow for creative solutions

Question 5

Litigation features

Answer 5

• Highly formal, specialised rules, complicated
• Very slow, often years
• Inflexible, specific steps must be taken
• Expensive due to time span and complexity
• Public, but hardly ever reaches tabloids
• Confrontational, parties oppose each other
• Control & choice handed over to lawyers & judges
• Solutions limited to legal remedies