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14 Cards in this Set
- Front
- Back
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What is negotiation?
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Private, quick and cheap - try to solve the problem by talking to the other person directly. Lawyers can get involved to negotiate but this is more expensive.
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What id mediation?
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Neutral mediator helps the parties reach a compromise solution. The parties are in control the mediator explores the needs of each party and takes offers too and fro.
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What is a formalised settlement conference?
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Each side presents its case to a panel composed of a decision-making executive from each party and a neutral party. they will then evaluate the two sides' positions and come to an agreement. The neutral advisor acts as a mediator.
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Give two examples of mediation service ...
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Centre for Dispute Resolution - for larger disputes they charge £1,500 a day. West Kent Mediation Service - for smaller disputes, they don't charge at all. |
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What are the advantages of mediation?
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The decision is not binding or based on legal fact but more on compromise. makes it easier for companies doing business with each other in the future Avoids adversarial conflict - in mediation there is no winner or loser Quick and cheap |
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Disadvantages of mediation?
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No guarantee the matter will be solved - and some cases will result in going to court where there will be additional cost and delay If the mediator does not have natural talent and experience then it could become a bullying exercise. |
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What is Conciliation?
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Neutral party will help resolve a dispute but will play a more active role than a mediator. They will suggest grounds for compromise. Advisory Conciliation and Arbitration Service (ACAS) can give an impartial opinion on legal position of industrial disputes.
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What is arbitration?
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Parties agree to submit their claims to private arbitration of the judgement of a person other than a judge - legally binding.
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The agreement to arbitrate?
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Many Commercial contracts will have a Scott v Avery clause to try arbitration before court. The parties can also decide on arbitration as the dispute arises. Court will normally refuse any dispute than hasn't been through arbitration (except for consumer claims)
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Amount of arbitrators?
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The parties can decide to have one or a panel of arbitrators. they also agree on the procedure for appointing an arbitrator. The Institute of Arbitrators provides trained arbitrators for major cases these arbitrators are usually specialised. The court can also appoint an appropriate arbitrator if parties cant agree on one. |
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The arbitration hearing?
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Some might opt for a written arbitration where parties will submit their case on paper and the arbitrator will make a decision. Or they will do this and have an in person hearing before the arbitrator makes a decision. Witnesses may be called but wont have to be under oath.
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What is the award?
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The decision made by the arbitrator which is also legally binding. Which can be enforced through the courts.
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Advantages of arbitration?
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Parties can choose their own arbitrator The hearing time/place is arranged to suit both of the parties Question of quality can be decided by expert Dealt with in private/full confidentiality Dispute resolved quicker Cheaper than court |
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Disadvantages of arbitration?
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unexpected legal point may arise which is not suitable for a non-lawyer arbitrator professional arbitrators are expensiveFormal hearings are expensiverights to appeal are limiteddelays for commercial and international arbitration.
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