Arbitration And Mediation Are Two Methods Of Resolving Issues Between Two Parties

1066 Words Jan 31st, 2016 5 Pages
Arbitration and mediation are two methods of resolving issues between two parties whose opinions may differ. In many cases, both of these methods may allow for a dispute to be resolved without the need of litigation as an alternative dispute resolution. In many cases, alternative dispute resolution tactics allow for an amicable resolution to be reached between both parties. However, due to the lack of total authority being held by arbitrators, in some cases individual’s may opt to seek out resolution by means of formal litigation proceedings. In the 2002 case of Dunnett v Railtrack, the court finalized its opinion that regardless of how weak one parties’ argument may be perceived, it is suggested that a resolution be reached by means other than litigation (Lederman, 2014). Although many courts have ruled that no party is obligated to enter into alternative dispute resolution proceedings, they have also issued judgements in which financial sanctions have been placed on parties whose refusal rationale did not fall under a rationale that was considered reasonable. In the 2004 case of Halsey v Molton Keynes NHS Trust, the Court of Appeals established a non-exhaustive list stating that the decision of refusing alternative avenues to litigation might be viewed as unreasonable; if the refusing party has made other settlement offers, reasonable believed they may have had a watertight case or believed that an alternative method might have not been appropriate due to the illegal…

Related Documents