Loading
Precedente Previous slide Next slide Successivo
New course

Questo corso è stato rivisto!

Per un'esperienza di apprendimento più piacevole, ti consigliamo di studiare la versione ripubblicata di questo corso per cellulari.

Portatemi al corso rivisto.

- or -

Continue studying this course

I metodi alternativi di risoluzione delle controversie

  • Note di Apprendimento
  • Revisione degli argomenti
    Charles M.
    GB
    Charles M.

    There are various methods of dispute resolution. They range from the informal to the formal methods. The main ADR methods include: Self resolution is where the person tries to resolve a dispute with the other party. It involves communicating with the other party to reach an agreement or not. The dispute may be forgotten or taken to higher authority. Mediation is where an independent third person or persons helps the parties to identify issues in the dispute and provide discussion of possible outcomes. The final decision is made by the parties. The mediation method is voluntary, confidential, impartial and co-operative. Conciliation involves a third party who listens to both parties and comes up with suggesting ways in which the parties can resolve the dispute. The parties make the final decision. The decision is not binding unless it is incorporated into an order made by a court or a tribunal. However it is expected that the parties will stick to the agreement. Arbitration is where a third party listens to both sides of the dispute and makes a decision in favour of one of the parties. If the parties do not agree the arbitrator has the power to make an order. There is the chance to make an appeal. Judicial determination is where a judge or magistrate decides the outcome of the dispute. Criminal cases are resolved by the judge. Civil cases have a number of dispute resolution methods. Court action is the last resort in civil cases. Judicial determination is impartial, uses the law of evidence, follows strict procedures, decides questions of fact and law, and reaches a binding decision.

    Nöelle L.
    IE
    Nöelle L.

    If a joyrider nicks a car while getting a Sandwich, And lebt Keys in the Motor, both or more Parties are involved and may cause an accident to a unsuspected passer by, they both are responsible which can be taken to the high Court, which they are responsible for niglegence.

    Peter Awuni A.
    GH
    Peter Awuni A.

    List four methods of conflict resolutions

    Louis M.
    ZA
    Louis M.

    Litigation The final method of dispute resolution, often used where all others fail or are inappropriate for the resolution of a dispute. Involves two (or more) disputing parties appearing before an independent adjudicator in order to resolve a dispute in accordance with rules of evidence and procedure. Litigation is a formal process, routinely involving professional legal representatives. The outcomes arrived at may include decisions of guilt or innocence (criminal cases) or liability (civil cases).

    Joseph S.
    UG
    Joseph S.

    Legal Studies -> Alternative methods of dispute resolution Alternative methods of dispute resolution Various methods of dispute resolution exist. These may be classified as informal to fully formal and include: Self-help Involves the resolution of a dispute by taking the initiative oneself (simple letter of demand/written contact requesting resolution of problem/discussion with disputing party about repair of damage to car in motor vehicle collision). Abandon/concede Involves deciding to abandon a claim because it may be too difficult or inconvenient to pursue (e.g. other motorist involved in an accident failed to stop or is reluctant to accept fault for the collision). Conceding a claim is similar in that a party decides to resist fighting a claim any longer as it might be too costly to do so, or they have an inferior case to the claimant. Settlement by negotiation Involves two disputing parties agreeing to an outcome by discussion and consultation (e.g. driver of another car agrees to pay for repair of damage to one's car after discussion about the reasonableness of the cost). Mediation Involves the appearance of two disputing parties before an independent mediator, who assists the disputing parties to arrive at a workable solution or outcome. The mediator is a trained person who assists the parties to define the dispute and promotes exploration of the options available for a resolution. The mediators do not attempt to impose a decision on the disputing parties or intervening in negotiations (eg Family Court mediation service assists disputing parties regarding proceedings pursuant to the Family Law Act 1975 (Commonwealth). Conciliation Involves the appearance of two disputing parties (usually) before an independent conciliator. The conciliator assists the disputing parties attempts to resolve the dispute. Conciliators take a more active and advisory role than mediators in dispute resolution, although their main function is, similarly, to help reach a resolution. The conciliator may assist to clarify questions of fact, the position of the law, strengths and weaknesses in respective cases, and possible outcomes if the dispute continues. The conciliator can suggest appropriate outcomes for the parties. Arbitration Involves the step beyond conciliation. Where conciliation does not succeed, the conciliator can then move to arbitration and impose a decision (ie an 'order') on the parties to resolve the dispute. (eg Industrial Relations Commission: arbitrator/judge imposes an order on a striking union to return to work, as a trade-off that employment contract negotiations can continue with an employer). Litigation The final method of dispute resolution, often used where all others fail or are inappropriate for the resolution of a dispute. Involves two (or more) disputing parties appearing before an independent adjudicator in order to resolve a dispute in accordance with rules of evidence and procedure. Litigation is a formal process, routinely involving professional legal representatives. The outcomes arrived at may include decisions of guilt or innocence (criminal cases) or liability (civil cases)

    Sione Siotonu F.
    TO
    Sione Siotonu F.

    Alternative methods of dispute resolution may be classified as informal or fully formal and include self-help,Abandon,settlement by negotiation,mediation,conciliation,arbitration and litigation.

    Queenielyn C.
    JP
    Queenielyn C.

    Alternative methods of dispute resolution Various methods of dispute resolution exist. These may be classified as informal to fully formal and include: Self-help Involves the resolution of a dispute by taking the initiative oneself (simple letter of demand/written contact requesting resolution of problem/discussion with disputing party about repair of damage to car in motor vehicle collision). Abandon/concede Involves deciding to abandon a claim because it may be too difficult or inconvenient to pursue (e.g. other motorist involved in an accident failed to stop or is reluctant to accept fault for the collision). Conceding a claim is similar in that a party decides to resist fighting a claim any longer as it might be too costly to do so, or they have an inferior case to the claimant. Settlement by negotiation Involves two disputing parties agreeing to an outcome by discussion and consultation (e.g. driver of another car agrees to pay for repair of damage to one's car after discussion about the reasonableness of the cost). Mediation Involves the appearance of two disputing parties before an independent mediator, who assists the disputing parties to arrive at a workable solution or outcome. The mediator is a trained person who assists the parties to define the dispute and promotes exploration of the options available for a resolution. The mediators do not attempt to impose a decision on the disputing parties or intervening in negotiations (eg Family Court mediation service assists disputing parties regarding proceedings pursuant to the Family Law Act 1975 (Commonwealth). Conciliation Involves the appearance of two disputing parties (usually) before an independent conciliator. The conciliator assists the disputing parties attempts to resolve the dispute. Conciliators take a more active and advisory role than mediators in dispute resolution, although their main function is, similarly, to help reach a resolution. The conciliator may assist to clarify questions of fact, the position of the law, strengths and weaknesses in respective cases, and possible outcomes if the dispute continues. The conciliator can suggest appropriate outcomes for the parties. Arbitration Involves the step beyond conciliation. Where conciliation does not succeed, the conciliator can then move to arbitration and impose a decision (ie an 'order') on the parties to resolve the dispute. (eg Industrial Relations Commission: arbitrator/judge imposes an order on a striking union to return to work, as a trade-off that employment contract negotiations can continue with an employer). Litigation The final method of dispute resolution, often used where all others fail or are inappropriate for the resolution of a dispute. Involves two (or more) disputing parties appearing before an independent adjudicator in order to resolve a dispute in accordance with rules of evidence and procedure. Litigation is a formal process, routinely involving professional legal representatives. The outcomes arrived at may include decisions of guilt or innocence (criminal cases) or liability (civil cases).

    Christey W.
    US
    Christey W.

    Some alternative methods of dispute resolution are the initiative oneself by doing a letter of demand requesting resolution of problem and discussing about repair the damage that occurred.

    Abraham M.
    flag-default-icon
    Abraham M.

    What is the Alternative methods of dispute resolution?

    Charmaine W.
    AU
    Charmaine W.

    Good explanation. There a number of resolutions of disputes.

Notification

You have received a new notification

Click here to view them all