Legal Studies - Advantages and disadvantages of methods of dispute
Advantages and disadvantages of methods of dispute resolution
FOR: Quick, convenient, party has control over dispute. AGAINST: Could
result in violence, without constraints or safeguards to protect individual
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.
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.
FOR: Cheaper, more accessible to parties, parties more likely to accept
outcome. AGAINST: Decisions are not binding, cannot resolve issues of law.
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.
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.
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.
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