Describe the different methods of Alternative Dispute resolution available to deal with civil cases?
Describe the different methods of Alternative Dispute resolution available to deal with civil cases?
Disputes Resolution has become a major aid in helping resolves disputes between different parties, primary between private companies, but also between individuals. The courts has aimed to make Dispute Resolution as fair as possible and has placed regulations on all of the keys methods of Dispute Resolution. In this question I will outline the key methods of dispute resolution which are, Mediation, Arbitration & Conciliation and how these perform there tasks.
Mediation is based around helping to reach a dispute compromise. This is commonly done through A Mediation service. They will gather both sides of the parties into a room to discuss the issue and see if it can be resolved without taking the dispute to a court. first of all both parties much agree to attend, unlike court where the defendant or attacker both must attend or lose the case. This also means that both parties can back out the negotiations at any time. There are lots of organisation today such as the Cheltenham Mediation service that perform Mediation services. This type of Mediation will usually be carried out like a mini-trial where each party will present its side of the case to the executives of the parties with a neutral adviser and attempt to try to come to an agreement. With a system like this means, that the companies do not have to be forced into to any agreements they disagree with. because it is outside of the courts. The advantage of this is the Mediation service will hold no bias towards either company allowing the parties to reach the best solution for both groups. If no agreement is met then the neutral advisor will be a mediator between the two parties. The reasons this is preferred to the courts is that they do not need to to follow as strict guidelines in the court allowing the companies to reach a sensible agreement. Conciliation is basically Mediation but the mediator will
Disputes Resolution has become a major aid in helping resolves disputes between different parties, primary between private companies, but also between individuals. The courts has aimed to make Dispute Resolution as fair as possible and has placed regulations on all of the keys methods of Dispute Resolution. In this question I will outline the key methods of dispute resolution which are, Mediation, Arbitration & Conciliation and how these perform there tasks.
Mediation is based around helping to reach a dispute compromise. This is commonly done through A Mediation service. They will gather both sides of the parties into a room to discuss the issue and see if it can be resolved without taking the dispute to a court. first of all both parties much agree to attend, unlike court where the defendant or attacker both must attend or lose the case. This also means that both parties can back out the negotiations at any time. There are lots of organisation today such as the Cheltenham Mediation service that perform Mediation services. This type of Mediation will usually be carried out like a mini-trial where each party will present its side of the case to the executives of the parties with a neutral adviser and attempt to try to come to an agreement. With a system like this means, that the companies do not have to be forced into to any agreements they disagree with. because it is outside of the courts. The advantage of this is the Mediation service will hold no bias towards either company allowing the parties to reach the best solution for both groups. If no agreement is met then the neutral advisor will be a mediator between the two parties. The reasons this is preferred to the courts is that they do not need to to follow as strict guidelines in the court allowing the companies to reach a sensible agreement. Conciliation is basically Mediation but the mediator will