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Means of Dispute Settlement - Assignment Example

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Considering the bureaucratic, cumbersome and time consuming operations of the courts, it is highly advised for people with urgent cases to use ADR for…
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Means of Dispute Settlement
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Download file to see previous pages 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).
In 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).
The 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).
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).
In 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).
If both parties belong to an association, the dispute is normally resolved by a tribunal formed by the associations. The tribunal is ...Download file to see next pagesRead More
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