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Vantaggi e svantaggi dei metodi di risoluzione delle controversie

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

    The advantages of methods of dispute resolution include: • Self help is quick and cheap. • Mediation is less expensive, faster, win-win, informal and parties are encouraged to resolve the dispute. • Conciliation means parties have their say, informal, more co-operative and less competitive than courts. • Arbitration is a binding decision, quicker than courts, provides expert staff, offers remedies that courts cannot, informal and limited costs. • Judicial Determination offers a binding decision, the equal treatment of parties, and allows an appeal. The disadvantages of methods of dispute resolution include: • Self help could lead to conflict and perhaps no solution. • Mediation is not binding, may not produce a solution, may be too informal, may not be appropriate and has limited public scrutiny. • Conciliation has a lack of finality, cannot be enforced, relies on good will, and can be prolonged. • Arbitration can be expensive, not always quick, is a win-lose situation and appeals are limited. • Judicial Determination is expensive, often delayed for long periods, win-lose and suffers from court room formality.

    Nöelle L.
    IE
    Nöelle L.

    Litigation both paties can negosiate the Dispute but IT can be appealed, but Court Cases can be avoided from delays and taken to Court, e.g. If the two Parties Are involved in an accident and may not cause gross negligence which can lead to violence e.g. Road rage.

    Peter Awuni A.
    GH
    Peter Awuni A.

    Which of the above then is more appropriate in conflict resolution

    Louis M.
    ZA
    Louis M.

    Self-help FOR: Quick, convenient, party has control over dispute. AGAINST: Could result in violence, without constraints or safeguards to protect individual rights.

    Joseph S.
    UG
    Joseph S.

    Advantages and disadvantages of methods of dispute resolution Self-help FOR: Quick, convenient, party has control over dispute. AGAINST: Could result in violence, without constraints or safeguards to protect individual rights. Abandon/concede FOR: Convenient, party responsible for decision, reduces cost. AGAINST: May result in rights not being protected or upheld, reluctance to concede when a legitimate claim exists. Settlement by negotiation FOR: Parties own outcome, usually mutually agreed upon, reduces potential costs and delays. AGAINST: Parties bargaining or negotiating power may be unequal, does not always result in mutually beneficial outcome. Mediation FOR: Cheaper, more accessible to parties, parties more likely to accept outcome. AGAINST: Decisions are not binding, cannot resolve issues of law. Conciliation FOR: Cheaper, more accessible to parties, can be made binding. AGAINST: Ineffective where parties will not compromise or negotiate, legal representation not always used can result in unfair negotiation process. Arbitration FOR: Decision is binding, but can be appealed, can be quick, concludes a dispute. AGAINST: Costs can be high, especially if legal representation is used, decision is imposed on parties. Litigation FOR: Produces finality in dispute (although can be appealed), settles questions of law, can set precedent. AGAINST: Cost and delays associated with using traditional courts, decision is imposed on parties.

    Primrose C.
    BS
    Primrose C.

    The advantages of dispute resolution is very helpful if provided all parties are on the same mission for effective settlement for example; settlement by negotiation for parties own outcome, usually mutually agreed upon, can reduce potential costs and delays. where as for example, in the case of Conciliation the disadvantage can result in ineffective compromising or ineffective and unfair negotiation.

    Sione Siotonu F.
    TO
    Sione Siotonu F.

    Advantages and Disadvantages of methods of dispute resolution may benefit and loss for both parties

    Queenielyn C.
    JP
    Queenielyn C.

    Advantages and disadvantages of methods of dispute resolution Self-help FOR: Quick, convenient, party has control over dispute. AGAINST: Could result in violence, without constraints or safeguards to protect individual rights. Abandon/concede FOR: Convenient, party responsible for decision, reduces cost. AGAINST: May result in rights not being protected or upheld, reluctance to concede when a legitimate claim exists. Settlement by negotiation FOR: Parties own outcome, usually mutually agreed upon, reduces potential costs and delays. AGAINST: Parties bargaining or negotiating power may be unequal, does not always result in mutually beneficial outcome. Mediation FOR: Cheaper, more accessible to parties, parties more likely to accept outcome. AGAINST: Decisions are not binding, cannot resolve issues of law. Conciliation FOR: Cheaper, more accessible to parties, can be made binding. AGAINST: Ineffective where parties will not compromise or negotiate, legal representation not always used can result in unfair negotiation process. Arbitration FOR: Decision is binding, but can be appealed, can be quick, concludes a dispute. AGAINST: Costs can be high, especially if legal representation is used, decision is imposed on parties. Litigation FOR: Produces finality in dispute (although can be appealed), settles questions of law, can set precedent. AGAINST: Cost and delays associated with using traditional courts, decision is imposed on parties.

    Christey W.
    US
    Christey W.

    The advantages of methods of dispute resolution are the following: 1. parties have control over dispute when convenient and quick. 2. When convenient both parties are responsible for decision and may reduce the cost. 3. When cheaper and convenient the outcome can be made binding when parties are mor to accept the outcome. 4. Decisions are binding can be quick and concluded a dispute, but can be appealed.

    Abraham M.
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    Abraham M.

    What are the Advantages and disadvantages of methods of dispute resolution?

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