Dispute Resolution Flashcards
What is negotiation?
Negotiations between the parties that can take place before or after litigation has commenced. Negotiation is usually conducted on a ‘without prejudice’ basis, meaning conversations and correspondence cannot be relied on by a party in court.
What is mediation?
What is arbitration?
More formal procedure than negotiation and leads to a final and binding decision capable of enforcement in the courts. Some contracts stipulate arbitration as an alternative to litigation. Arbitration is a contractual process, both parties must follow the process unless they agree otherwise.
The procedure in arbitration is that the parties will appoint an arbitrator, often a professional, and they will discuss the case with the parties and produce a timetable for resolution. Strict rules of evidence do not apply and the parties will make written submissions and produce relevant documents. The arbitrator will make a final award and it will be binding and enforceable in the courts.
What is mediation?
An informal and confidential process whereby a neutral third party reach a resolution.
* Completely confidential and without prejudice
* Parties can walk away at any time
* Strict rules of evidence do not apply
* Mediation is neutral until a final written agreement is signed.
What is the overriding objective?
The court has a duty to manage claims and, in accordance with the overriding objective, must ensure that cases are resolved in a proportionate, expeditious and fair manner.
