Means of Dispute Settlement - Assignment Example

Means of Dispute Settlement Introduction Alternative dispute resolution also termed as ADR refers to the methods used to solve disputes and disagreements outside court. Considering the bureaucratic, cumbersome and time consuming operations of the courts, it is highly advised for people with urgent cases to use ADR for solving cases quickly. Alternative dispute resolutions provide a fast and cost efficient method of solving disagreements (Twomey and Jennings 25).ArbitrationArbitration is the use of outside arbitrator(s) chosen by the concerned parties to solve the cases.

The concerned parties each provide their facts before the arbitrator(s) who are specialists in the arbitration industry. It is highly advocated since it saves the expensive court fees and reduces the backlog of the court cases. Under the Arbitration Act, the judgment is valid and binding (Twomey and Jennings 26).MediationIn mediation, the mediator has no power to make judgment therefore acting neutral and as a messenger, in presentation of the offer made. However, the mediator might influence the plaintiff’s decisions by making statements or views that may affect the plaintiff’s choice.

Mediation is an efficient process especially where none of the parties have any intention of lessening their attitudes towards each other (Twomey and Jennings 26).Reference to a Third PartyThe reference to a third person is almost the same as mediation, though in this case the third party has implied powers to make a decision regarding the dispute in question. Since the third party is independent and neutral, the decision reached herein is enforceable and cannot be appealed further. The damages sought are fixed according to the judgment of the mediator (Twomey and Jennings 26).

Medarb Basically, medarb is an alternative dispute resolution method which almost resembles the arbitration method. However in medarb, the arbitrator who was hearing the facts from both sides of the aggrieved parties; also acts as the mediator in that, he presents the offer made by the defendant so as the plaintiff can make a decision (Twomey and Jennings 26).Rent a JudgeIn rent a judge, the parties involved voluntarily hire a judicial judge to hear their case. The hired judge acts as referee and hears the case as in the normal trial.

After hearing of the case, the judge makes a decision which will be enforceable between the two parties. Unless, if stated in the contract clause; the judgment can be reversed through an appeal (Twomey and Jennings 27).Association TribunalsIf both parties belong to an association, the dispute is normally resolved by a tribunal formed by the associations. The tribunal is concerned with hearing and solving cases arising out of disagreements from its members. Moreover, association members are cautioned against using this channel as it is fair and binding, but a dissatisfied member can appeal to the courts (Twomey and Jennings 26).

MinitrialThis is where the parties disagree on just a particular area of dissatisfaction from the court judgment and the case is later thrown to the jury. In some instances, the disputing parties can settle for a neutral person like a retired judge, where the terms of the agreement are laid out at inception as to whether the decision would be binding or not (Twomey and Jennings 27).Judicial TriageJudicial triage is where the judges hear cases regarding the severity of the plaintiff’s condition, requirements or damage.

Here, the judge decides which cases to solve first and which ones to wait irrespective of their date of application. Some cases can be postponed if the plaintiff lacks proper documentation (Twomey and Jennings 28).Summary Jury TrialUnder summary trial, the clients lawyers present a trial to a sample jury of may be six people just to get their reaction. It is not binding since no evidence is presented at this stage. However, after the clients and their lawyers have seen the jury reaction, they can compromise their decision and reach for a settlement (Twomey and Jennings 27).

Order of RankingStarting from the first: Mediation, Reference to a third person, Medarb, Rent a judge, arbitration, summary jury trial, Association tribunals, minitrial, judicial triage. This is because the first four methods are fast, independent and offer a very prudent judgment. The second three, are a bit bureaucratic even though they have a fair judgment. The last method can be bureaucratic and unfair at the same time; because every case deserves a fair hearing, and there is no lesser case after all, the plaintiff has suffered and that’s why he or she came for justice.

Works Cited Twomey, David and Marianne,Jennings. Business Law: Principles for Todays Commercial Environment: Fourth Edition. Stamford, 2008.Print.