Flashcards in 4.1.5 Strengths and Weaknesses of Dispute Resolution Methods Deck (24)
Mediation and Conciliation Strength 1:
Mediation is normally conducted before court proceedings have commenced, therefore parties will have spent less money than if the matter went to trial.
Mediation and Conciliation Strength 2:
A mediator has alot more flexibility than a judge or magistrate. The third party is able to talk to the parties freely about the case, often putting the parties at ease.
Mediation and Conciliation Weakness 1:
One party may be intimidated with the process and be forced into an outcome that he or she may not be happy with.
Mediation and Conciliation Weakness 2:
Not suitable for some matters.
Not suitable for some matters:
Mediation is not suitable for some matters. This is particularly so for long running disputes and for disputes where there is significant animosity between the parties.
Arbitration Strength 1:
The arbitrator has the power to make an order that is legally binding on the parties. Decisions reached by the arbitrator are final and enforceable through the courts.
Arbitration Strength 2:
More informal and faster
More informal and faster:
Arbitration is usually faster and more informal than judicial determination as there are no strict rules of evidence and procedure.
Arbitration Weakness 1:
An arbitrated decision is a decision in favour of one party. In this scenario one party wins and the other party loses. One party will feel less satisfied with the outcome of arbitration.
Arbitration Weakness 2:
Appeals are limited
Appeals are limited:
Arbitration decisions are legally binding and enforceable, but the right of appeal from such decisions is very limited and successful appeals are uncommon.
Judicial Determination Strength 1:
Parties may be more comfortable with the greater formality of judicial determination, particularly for serious cases. Strict rules of evidence and procedure ensure that both parties have an equal chance to present their case.
Judicial Determination Strength 2:
Allows for appeals
Allows for appeals:
Judicial determination allows for appeals. If a party is dissatisfied with the outcome of their case it can be reviewed by a higher court, provided they can establish grounds for an appeal. In this way incorrect or inappropriate decisions can be reversed.
Judicial Determination Weakness 1:
Judicial determination is often expensive. Court fees and the need for legal representation increases the cost of resolving disputes using judicial determination. Legal representation is usually necessary due to the complexity of the law and court procedures.
Judicial Determination Weakness 2: