Unit 6 - Alternative Dispute Resolution.

Question 1

Provide the 3 Alternative Dispute Resolutions.

Answer 1

1. Negotiation
2. Mediation
3. Arbitration

Question 2

Provide the common characteristics of ALTERNATIVE DISPUTE RESOLUTION (ADR) - 5 points

Answer 2

1. Informal
2. Voluntary
3. Flexible
4. Consensual
5. Interest-based

Question 3

Provide the definition of NEGOTIATION:

Answer 3

It is a private, voluntary and consensual process whereby the parties attempt to resolve their differences by agreement.

Question 4

Provide the definition of MEDIATION.

Answer 4

It is a private, voluntary and consensual process whereby the parties attempt to resolve their differences with a third party (the mediator) involved.

Question 5

What is the ROLE of the MEDIATOR?

Answer 5

He would assist the parties to reach a suitable settlement for their dispute.

He will make suggestions, counter-proposals, advise or persuade in order to assist.

The parties must consent to the agreement and the mediator may not enforce it.

Question 6

Provide the definition of a ARBITRATOR.

Answer 6

The parties to a dispute ask voluntarily and jointly that a third party, the Arbitrator, hear their side of their story ad make a binding decision.

By asking an Arbitrator to assist, they commit in advance that they will accept his decision will be final and binding

Question 7

What is the difference between Arbitration and Litigation? 4 points

Answer 7

1. Arbitration is LESS FORMAL than the court proceedings from litigation.
2. Litigation allows for an APPEAL where it is not the case in Arbitration.
3. The state covers THE COSTS of the court and presiding officer where the parties need to cover the costs of an arbitration process.
4. With arbitration the process offers an EXPERT, EXPEDIUS and PUBLICITY-FREE proceedings which is not the case in litigation.

Question 8

Which matters are excluded from the ARBITRATION.

Answer 8

1. Matrimonial causes
2. Matters relating to the status of a person. E.g. mental condition, marital status, insolvency.
3. Criminal cases.
4. Validity of an arbitration agreement.