Important Vocab 1
This method of dispute resolution involves only the disputing parties themselves making a decision.
What Is Negotiation?
This method of dispute resolution is the closest to that of a court case, where the arbitrator makes the final decision.
What Is Arbitration?
Melekha can't seem to choose between face-to-face dispute resolution & Online Dispute Resolution (ODR). Do you mind telling her the benefits of ODR? What's so good about it?
- Useful for international disputes or individuals in remote areas.
- Generally cheaper than traditional litigation or arbitration due to lower administrative and travel costs.
- ODR platforms often streamline case management, scheduling, and communication, speeding up resolution times.
- Digital records of communications and agreements are automatically stored, aiding accountability and future reference.
This method of dispute resolution involves the disputing parties & the help of a neutral intercessor playing an active role.
What Is Conciliation?
This method of dispute resolution involves the disputing parties, including the help of a neutral party.
What Is Mediation?
Jayden is having another divorce & can't seem to get his partner to agree to the cheapest means of ADR or the dispute resolution that is closest to that of a court case, leaving two choices. Which of the two allows for little intervention by the third party?
Conciliation
Explain one advantage & one disadvantage of using NEGOTIATION to resolve a dispute.
Advantages:
Quick & straightforward
No cost
Disputing parties in control
Disadvantages:
Parties may be unwilling to negotiate
Involving lawyers can be expensive
It may fail, requiring court action as a last resort
A ________ communicates between parties without offering solutions, while an ___________ takes a more active role by suggesting possible solutions.
What is the difference between mediation & conciliation?
Bobby really doesn't care about Alternative Dispute Resolutions, he just wants to go to court.
What would you say to Bobby if he were to ask the reason for trying ADR's before jumping into the deep end of the legal system?
ADR eliminates the uncertainties of presenting a case to a judge or jury.
Describe the process of ARBITRATION.
Agreement & Initiation: Arbitration agreement signed; request for arbitration submitted
Arbitrator Appointment: Selection & confirmation of neutral arbitrator(s)
Preliminary Procedures: Timetable, procedural rules, and logistics established
Pleadings & Evidence: Written submissions, document exchange, witness/expert statements
Hearing: Presentation of cases, witness examination, legal arguments
Award: The Arbitrator issues a binding written decision
Enforcement/Appeal: Award enforced through courts; limited grounds for challenge
Explain one advantage & one disadvantage of using ARBITRATION to resolve a dispute.
Advantages:
Cheaper than a court
The decision is final & binding
The decision can be enforced in courts
Disadvantages:
More expensive than other forms of ADR
Can be formal
Not suitable if a point of law is involved
Annie has a dispute with her neighbour, Onyx, over noise complaints, dog poo on her yard, & Onyx's selfish parking.
When telling her friend Fred about the conflict, he recommends a form of Mediation that offers free service by trained volunteers who will attempt to arrange a meeting for both disputing parties.
What is 'West Kent Mediation'?
A contract provision stating that any dispute between the parties must be submitted to arbitration & that an arbitration award must be obtained before any court action is allowed.
What is a Scott v. Avery Clause?
This is one formal method of mediation involving a 'mini-trial', where the primary goal is to reach a settlement.
Even if the whole matter is not resolved, this type of procedure may narrow down the issues so it doesn't go to court.
What is a 'Formalised Settlement Conference'?
Mr. Potter is considering a 'Summary Jury Trial' since his close friend Hermonie suggested it, but he doesn't actually know what it is, do you?
A non-binding (sometimes binding, if agreed) legal proceeding where parties present condensed versions of their cases to a mock jury.