1. Methods of Dispute Resolution

Question 1

What is the process of negotiation?

Answer 1

• Eg roundtable discussion
• *Informal discussions** between the parties to resolve their dispute which may
• *take place at any time.**

Question 2

What is the process of mediation?

Answer 2

• *An informal process** in which a neutral third party assists disputing parties in
• *reaching a resolution.**

Question 3

What is the process of arbitration?

Answer 3

A formal procedure in which a neutral third party hears evidence and
resolves the parties’ dispute through a final award.

Arbitration may be either ad hoc (where the parties determine whatever rules they may consider appropriate for the arbitration) or administered (where the arbitration is conducted under the auspices of one of several arbitral organisations, such as the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR) or the London Court of International Arbitration (LCIA)).

Question 4

How is the decision by an arbitrator enforceable?

Answer 4

Can rely on the decision in court if it’s not paid.

Question 5

Can you rely on information provided during mediation in court?

Answer 5

No - mediation is confidential and ‘without prejudice’