Dispute Resolution Law I: Different Options for Dispute Resolution
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Dispute Resolution Law I: Different Options for Dispute Resolution
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About this listen
An extensive overview of various mechanisms for dispute resolution, distinguishing between litigation (the formal court process) and Alternative Dispute Resolution (ADR), which includes negotiation, mediation, and arbitration. It outlines the characteristics of civil and criminal disputes, explaining that civil conflicts between private parties involve areas like tort and contract law, and clarifies the difference between compensation (monetary payment) and remedy (the broader term for all legal relief). Crucially, the text emphasizes the solicitor's duty to advise clients on ADR methods, which are generally preferred for being more efficient and cost-effective than court proceedings, but notes exceptions where ADR may be inappropriate, such as cases requiring urgent relief or where a party lacks good faith. Finally, the document details the binding nature of arbitration awards compared to non-binding mediation agreements, which must be enforced as a breach of contract claim if breached.