Mediation & Arbitration as Alternatives to Litigation Name Institution Parties of opposing parties have many methods in which they can solve the dispute they are encountering. The various different methods in which a dispute can be under resolution are known as alternative dispute resolution methods (A.D.R)…
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In alternative dispute resolution, the principals are the parties in conflict and the best method of resolving the conflict is the key. In this case, the manner of the conflict is under careful consideration and the best method alternative to litigation is taken into use. Although, not all cases require a different resolution method, in some cases litigation is the best method due to the authority involved in the final decision. Peaceful coexistence requires a lack of bias or favor for any particular party. In a conflict, the resolution depends on the feelings of both parties at the end of the conflict; alternative dispute resolution achieves the goal that both parties feel satisfied with the outcome of the resolution. Several methods may be used in trying to resolve conflicts they include; arbitration, negotiation and mediation. In this study, mediation and arbitration are the only methods taken into consideration as the ADR methods. Negotiation is also important and actually, the best method for two conflicting parties but it has some limitations. ...
The result of such a biased negotiation is a far more complex conflict and further mistrust among the parties. Mediation In regards to resolving conflicts, this is method is preferred to other methods due to the simplicity of its structure in conflict resolution. Like negotiation, mediation employs the same structure where the conflicting parties get a sit-down in the same room to discuss what to compromise. The difference between negotiation and mediation is that in mediation, there is a neutral third party involved. The third party acts as the referee and chooses the best resolution for the parties. Normally, the neutral third party is someone both conflicting parties respect. They seek to accept the decision he makes with the belief that he will be unbiased and impartial (Cheldelin, Druckman & Fast, 2008). The conclusion of the process of mediation comes to an end when a consensual agreement is arrived at; the mediator’s role as noted is not to offer the decision or the agreement for the two parties. The mediator acts as a guide for the conflicting parties and offering advice on possible resolution methods. By doing this, mediation is more outstanding as opposed to negotiation since the mediator while guiding the conflicting parties is able to uncover any underlying interests. The mediator therefore helps each party to formulate a resolution which averts any future conflicts over a long period since both parties get satisfactory handling to the fullest extent possible. As any type of dispute resolution should start, mediation kicks off by evaluating all the relevant issues and facts in the dispute and tries to determine what the parties in the dispute hope to achieve
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In spite of being dissimilar, the connected between the two seems extricable such that they appear to be two sides of a coin. All laws, which based on assessment of bias, use these two notions together. The laws that do not employ the two terms are the English Arbitration Act and the International Chamber of Commerce.
e Civil Procedure Rules 1998 which took effect in 1999.4 The resulting civil justice reforms envisioned by Lord Woolf and the Civil Procedure Rules 1998 are decidedly aimed at facilitating a civil justice process that delivers fair and just results, treats disputants fairly, provides affordable processes, is relatively fasters, can be understood by disputants, is certain and effective.5 This research study critically analyses the role that alternative dispute resolution plays in accomplishing and facilitating the aims of fairness, reduction of delays and cost, finality/certainty and procedural simplicity for disputants in the English civil justice system.
Litigation involves a lawsuit. The downside of litigation is that it will take a long time to reach a solution. However, as Ge (1996) points out, the benefit of this alternative is that it offers a chance to present extensive document evidences and elaborate arbitrations; and the decision reached in this way will be fully legal and the option of appeal is still open.
These procedures have always existed in one way or another in civil and commercial practices and customs and also as diplomatic methods of state conflict resolution. There are also Parliament Acts providing for specific application of extra-judicial ADR measures such as the Police and Criminal Evidence Act 1984 (PACE)3, the Family Law Act4, .
Due to the increasing use of the Internet worldwide, the number of disputes arising from the Internet commerce is forever on the rise. Numerous websites have been established in order to attempt at resolving or at least partially solving this dilemma; as well as to facilitate the resolution of disputes that occurs offline.
Moreover, to what extent the attorneys approached would be sensitive to the pain and suffering of victims involved is uncertain. There are situations when cases on abusive relationships are effectively resolved through mediation as well. Admittedly, one of
x, less arduous, more participative, and more efficient method of solving disputes.1 These most common types of alternatives of litigation in ADR include mediation, appeasement, negotiation, and arbitration, and the like. Since the start of the 21st century, ADR methods have
Arbitration and mediation are two methods of alternative dispute resolution (ADR). (Massey, 2010). They are alternative to litigation process, which involves resolving a dispute through a court process. Many people prefer using arbitration and mediation because litigation can be a complicated, long and costly process.
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