3.2.9 methods used to resolve civil disputes

Question 1

courts as dispute resolution bodies

Answer 1

is the dispute within the jurisdiction? are there better ways to resolve the dispute?
strengths - a decision will be reached, fairness achieved through way proceedings are run
weaknesses - courts are costly and timely

Question 2

mediation

Answer 2

an informal process for helping people who have a dispute to sort it out for themselves without going to court. a mediator is a neutral third person who encourages those in the dispute to talk to each other about the issues.

• not binding
• possibly representation
• mediator can not give suggestions or advice

Question 3

conciliation

Answer 3

a method of (ADR) whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their
differences. the process is similar to mediation however a conciliator will provide advice on matters in dispute and/or options for resolution, but does not make determinations.

Question 4

arbitration

Answer 4

a method of (ADR) that operates very much like conciliation however an arbitrator may not only make suggestions but legally binding and enforceable determinations.
This means that should either party breach an agreement reached in arbitration a court may impose a sanction

Question 5

ADR POJ

Answer 5

access because low cost, informal and private however self rep.
fairness because party control however not suitable for all disputes
equality because no party is disadvantaged however language barriers

Question 6

appropriateness of ADR

Answer 6

both parties agree?
both parties are equal? power imbalance?
less formality or more confidentiality? jurisdiction?