Dispute Resolution Mechanisms
Traditionally, the system entrenched in the courts is for settlement of disputes between the disputants and the subsequent administration of justice. However, rigidity of the courts perpetuated by rules and procedures makes the traditional courts systems hinders its effectiveness and efficiency. As such, alternative dispute resolution mechanisms have been advanced by its adherents to be an effective means of settling cases between the disputants without going to the court. As burgeoning time delays, court queues, and increasing litigation cost endure to plague litigants, more people seek the alternative dispute resolution methods to settle their cases (Blake, Browne, & Sime, 2016). Most predominate methods used in alternative dispute resolution mechanism as will be discussed herein includes mediation, conciliation, and arbitration.
Mediation
Singer 2018 advances that mediation as an alternative to dispute resolution mechanism involves a mediator as a third party, assisting the people involved in a dispute to assess the nature of the problem, develop settlement options, and consider possible alternatives satisfactory to both parties. The common cases where mediation can be used involves the cases of mergers, acquisitions where the parties involved would want to reconsider their terms and conditions of engagement to reach some level of compromise. Investors together with their stock brokers are able to have mediation as a means of solving their differences.
Arbitration
Arbitration as a process of alternative dispute resolution mechanism, includes the disputants presenting their facts, evidence and arguments before a third party who is the arbitrator, who will then make a determination. Arbitration is mostly used by the disputants who prefer their case to be highly confidential or in a matter that needs technical expertise (Singer, 2018). In the arbitration, the parties agree that in as much as it is an out of court settlement, the decision by the arbitrator would be binding and enforceable. Arbitration would be mostly suitable when mediation or conciliation have failed to yield desired results or when higher level of confidentiality is needed by the disputants.
Conciliation
In a conciliation as a method of resolving a dispute, a third party who may be well informed in the field of a dispute is sourced. The conciliator would thus help the disputing parties to dissect the nature of their problem and assist them to reach an amicable solution that is agreed upon by all parties. It is important to note that the conciliator doesn’t not pass judgments or take sides in the matter, but a neutral arbiter.
Conclusions
Alternative dispute resolution mechanisms like arbitration, mediation and conciliation are critical aspects of solving problems out of the court. It helps to save time, resources and are more effective in reaching amicable solutions.
References
Blake, S. H., Browne, J., & Sime, S. (2016). A Practical Approach to Alternative Dispute Resolution. Oxford University Press.
Singer, L. (2018). Settling Disputes: Conflict Resolution in Business, Families, and the Legal System. Routledge.