Dispute resolution methods D4

Question 1

What are the three dispute resolutions

Answer 1

Mediation, arbitration and Conciliation

Question 2

Mediation

Answer 2

is widely used and is a cooperative method of resolving disputes with the help of a third party while still reaching decisions by themselves

Question 3

Conciliation

Answer 3

A method of resolution that uses an independent third party (like a conciliator)to help the disputing parties reach a resolution.

Question 4

Appropriateness of mediation and conciliation factors

Answer 4

Nature of the relationship between the party
Urgency for a resolution
Need for confidentiality
Willingness of parties

Question 5

Weaknesses of mediation and conciliation

Answer 5

Settlement may not be enforceable
One party may compromise to much
Parties may be unwilling to attend or participate
Can be a waste of time and money
May restrict the need for transparency and open justice

Question 6

Arbitration

Answer 6

An arbitrator is appointed to listen to both sides of a dispute and make a decision that is legally binding on the parties. The decision known as an arbitrial award

Question 7

Appropriateness of Arbitration

Answer 7

The need for evidence
Need for confidentiality
Nature of the dispute
Need for a binding and enforceable decision

Question 8

Strengths of arbitration

Answer 8

Binding and fully enforceable
Private and confidential
some control over how it is conducted
Independent, expert third party

Question 9

Weakness of arbitration

Answer 9

No control over outcome
not always available
Can be costly and take a long time
Can be formal