Dispute Resolution Methods

Question 0

What is negotiation?

disadvantages / advantages

Answer 0

Occurs directly between 2 people in a dispute with the aim of achieving a mutual agreement.
•advantage: time affective and cost affective.
•disadvantage: non binding and not compulsory to attend.

Question 1

What kinda of dispute resolution methods are there?

Answer 1

Negotiation 
Mediation 
Conciliation 
Arbitration 
Judicial determination

Question 2

What is mediation?

Advantages/ disadvantages

Answer 2

A nurturant third person called a mediator who focuses on repairing the relationship and communication between parties.
•advantages: provides a safe and calm environment, a neutral third party, both parties have a say in the outcome
•disadvantages: not binding, not compulsory to attend.

Question 3

What is conciliation?

Advantages/ disadvantages

Answer 3

Involves a third party a conciliator who suggests solutions so parties will decide on a resolution.
•Advantages: conciliator is allowed to offer advice and suggest solutions.
•disadvantages: not binding, one party may not agree with the other.

Question 4

What is arbitration?

Advantages/ disadvantages

Answer 4

Involves an arbitrator who makes a binding decision for the parties.
•advantages: binding- so must be followed, has unbiased third party, compulsory to attend, reaches a resolution.
•disadvantages: parties don’t have a say, one part generally leaves unsatisfied, relationship can be damaged.

Question 5

What is judicial determination?

Advantages/ disadvantages

Answer 5

People who wish to resolve a dispute via a hearing may elect to have their dispute settled in the first instance by a court to make a binding decision.
•advantages: binding, reaches a resolution, has unbiased decision.
•disadvantages: can be expensive, one party may not agree with the decision, time consuming, relationship can be damaged.