Dispute Resolution Methods: Mediation, Conciliation, Arbitration

Fill-in-the-blank flashcards covering the roles of third parties, characteristics of mediation/conciliation, and key points about arbitration as described in the notes.

All dispute resolution processes involve the involvement of a __ to assist in resolving a dispute between two parties.

third party

Mediation, Conciliation and Arbitration are __ used outside of the courts.

generally

The parties are assisted by an __ third party who will not take sides but instead will help facilitate discussion and assist the parties reach a resolution.

unbiased

Issues can be discussed __, without publicity.

confidentially

Mediation and conciliation save time and money because they avoid the need for the dispute to be determined at a __ hearing or trial.

final

Mediators and conciliators have no __ to come to a decision, or even attend.

power

Mediation and conciliation are not appropriate for some disputes, such as where one party has an __ or more bargaining power.

advantage

Both parties must be willing to participate for it to be successful; if parties are unwilling to cooperate, it will __ time and money.

waste

Because arbitration is often conducted privately, there is __ in the way it can be conducted, allowing parties to decide the best way to resolve the dispute.

flexibility

Arbitration is less __ than court processes, which allows the parties to feel more at ease.

formal

Arbitration can be to resolve a dispute than going to court (depending on how the arbitration is conducted).

cheaper

The arbitral award (the decision made by the arbitrator) is legally __ on the parties.

binding

The arbitrator will have __ in the subject matter of the dispute.

expertise

Arbitration is private and confidential, so it is attractive for parties who wish to avoid the publicity of a __.

trial

The parties have no __ over the outcome.

control

It can take a long time for a decision to be __ if the parties go through several stages, producing evidence.

reached

Arbitration is generally only available where the parties consent to arbitration, or for claims for less than __ in the Magistrates' Court.

$10,000