Dispute Resolution Methods Flashcards
(37 cards)
What is self help ? Give an example
Self help is when the injured party takes it upon themselves to restore themselves to their original position. The injured party fixes the situation themselves without relying on the assistance of others. For example: returning a product to a store for a refund because it us damaged
Why might self-help be an unwise choice if dispute resolution method?
Self-help may be an unwise choice dispute resolution method because the dispute may escalate , it may also leave the damaged party to have to pay excessively
What is abandonment ?
Forgetting about a claim that could be made
What is an example of abandonment ?
- minor scratch o your car
- damaged/ ripped clothing
- rubbish put in your rubbish bin that is not yours
- someone unintentionally bumping into you
What are the advantages of abandonment ?
- no conflict
- quick resolution ( no time lost)
- little effort
- bot expensive ( cost free )
What are the disadvantages if abandonment ?
- injured party won’t be restored to their original position
- no resolution
- the offending party does not receive the fact they have done wrong
- encourages offending party to breach laws because they get away with it
What I self help ?
One party takes it upon themselves to restore them to their original position. Fixing the situation yourself without relying/ the assistance of other ( any one else)
What are the examples of self- help ?
- returning a product to the store
What are the advantages of self- help ?
- self satisfying to bring a resolution
- no or little conflict
- the injured party would be restored to their liking and on their own terms ( not expensive )
What are the disadvantages of self- help ?
- can be costly if one party has to pay for the repair if they did not cause the damage
- escalate the dispute
What is negotiation ?
The parties dispute, discuss, compromise and come to an agreement of their own.
They may seek advice from lawyers who could represent each party in the process
What are examples of negotiation ?
- someone crashes into your car and there is negotiation into who was at fault and who will pay the damages ( taking into account insurance )
What are the advantages if negotiation ?
- lower cost ( relatively cheap )
- non binding agreement
- can aim to achieve a win win situation ( both parties will be relatively happy with the outcome )
- non confrontational
- non- time consuming
What are the disadvantages of negotiation ?
- can provoke tension between the parties
- can be time consuming
- dependant on both parties willing
- not suitable where one party has more power than another
What is mediation ?
When a third party helps the parties to a dispute to come to an agreement, the mediator or mediators help the parties to maintain open communication; mediators do no take sides and will not tell the parties how to resolve the dispute; any decisions made are not binding
What is an advantage of mediation ?
- confidential
- parties are more likely to reach a decision that is acceptable to both parties because they are both making decisions
- less confrontational and therefore better for continuing relationships
- can discuss matter openly because matters bought up during discussion cannot be tendered as evidence in court
- 3rd party can create environment where parties are willing to compromise
What are the disadvantages of mediation ?
- both parties must be prepared to attend
- one party may be more dominant than the other and can influence the decision
- decision is not binding
- no advice is given about how to resolve the dispute
What is conciliation ?
When a third party ( often with legal authority ) helps the parties to a dispute to an agreement, the conciliator may give suggestion about how to resolve the dispute; any agreement is not binding
What is an advantage if conciliation?
Parties are more likely to reach a decision that is acceptable to both parties
- informal atmosphere
- less confrontational and therefore better
- bot time consuming / expensive
- satisfaction and following of the decision is likely
- confidential
What is a disadvantage I conciliation ?
- both parties must be prepared to attend
- one party may be more dominant than the other and can influence the decision
- decision is not legally binding
What is an example of conciliation?
Divorce cases
What is arbitration ?
When a third party ( the arbitrator ) decides a case where 2 parties are involved but only after he or she ha tried to persuade the parties to come to an agreement ; the parties usually agree to be bound by the decision if the arbitrator. – where two disputing parties reach a third party to reach a decision to resolve a dispute p
What are examples of arbitration ?
- workplace decision
- for claims less than $10,000 in the magistrates
What are the advantages of arbitration ?
- binding
- more informal than a court hearing
- advice can be given about how to resolve the dispute
- can discuss matter openly because matters bought up during discussion cannot be reached through arbitration
