Question

1. List AND define eight (8) types of dispute resolution processes.

2. What are the advantages (list at least five (5) of these different forms of dispute resolution?

3. Many contracts call for binding arbitration to resolve disputes instead of litigation.

1. Discuss the pros and cons of including this type of provision in a contract.
2. Describe at least one alternative (not including litigation) to binding arbitration to resolve a contract dispute.

4. Define and provide advantages and disadvantages of the Med-Arb dispute resolution process.

5. Before a case makes it to court, it must meet three threshold requirements to ensure that courts hear only cases that require adjudication.

1. List each.
2. Define each.
3. Explain the importance of each one.

6. List and define each of the steps/stages in civil ligation.

Answer 1

Following are types of dispute resolution process :

• Lawsuits- proceeding by party in civil court
• Arbitration - resolves disputes outside court in presence of arbitrator
• Collaborative law- legal couples getting advice on seperation to avoid uncertain outcome of court
• Mediation- neutral third party assists in outcome
• Conciliation - parties seperately and togetherly meeting with conciliatory for dispute resolution
• Negotiations is diplomatuc dialogue between two parties for win win situation
• Facilitation includes facilitator who consults and convince parties.

Advantages :

1. Legal cost is saved
2. Time and reputation is save
3. Both parties get win win resolution
4. Economic and strategic tieups can take place
5. Financial payments can be relaxed.

Binding Arbitration :

Pros- Cheaper as compared to litigation and also disputes resolved in time bound speedy manner and information is strictly confidential.

Cons- parties cannot go back to courts for re hearing. Familiarity with arbitrator and hence favoritism . If multiple parties and arbitrator are involved time taken is generally more than in litigation.

Alternatively one can use Mediation or Conciliation process where third party assistance and neutral conciliatory judge guides both parties on fairness and impact.

Mediation Arbitration Process:

Advantages - avoids high cost and unpredictable outcomes as well as saves considerable cost as against litigation.

Disadvantage - procedures are not legal precedent and hence if arbitrator makes mistake it cannot be overruled or reheared in court. Secondly if multiple arbitrator are involved it may cost more and lead to complexity.

3 steps of civil litigation before adjudication :

1. Investigation - Here Attorney investigatescase and takes note of findings and recordings as proof. Most important stage because this can be make or break, any full proof unaltered unadulterated can be great.
2. Pleadings- Reviewing complaints of plaintiff and recording. This is important because all damages and financial numbers are computed and hence can give intensity of case.
3. Discovery- Both sides exchange information on facts computed. This is important because it avoids any sjocks or undue surprises before trials.

.