Other Forms of Dispute Resolution

Question 1

Tribunals

Answer 1

• Exist alongside the main court structure to hear disputes in certain matters, and relieve the burden on the courts
• adjudicates disputes relating to rights and duties
• decision of a tribunal is binding (subject to appeal) might include declaration as to rights and entitlements, an order for compensation or a decision as to correct payments to be made

Question 2

Mediation

Answer 2

• Carried out by a qualified mediator
• Family, neighbour or commercial cases
• Mediator shuttles between the parties carrying messages until the parties themselves reach a settlement
• Successful outcome is an enforceable agreement if it is recorded.

Question 3

Negotiation

Answer 3

• Carried out by the parties, their lawyers, insurance companies or unqualified representatives
• Face to face, using telephone, letters, email or conference calls
• Continued talking/contact until resolution made or fails
• Successful outcome is agreement which is enforceable if the parties formally agree; however, no obligation on the parties to reach an agreement