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Dispute Resolution Methods (1)

The document outlines various dispute resolution methods, ranging from informal to formal processes. It includes negotiation, conciliation, mediation, ombud, arbitration, and adjudication, each with distinct characteristics and levels of formality. The methods vary in terms of structure, third-party involvement, and binding authority of the decisions made.

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1 views1 page

Dispute Resolution Methods (1)

The document outlines various dispute resolution methods, ranging from informal to formal processes. It includes negotiation, conciliation, mediation, ombud, arbitration, and adjudication, each with distinct characteristics and levels of formality. The methods vary in terms of structure, third-party involvement, and binding authority of the decisions made.

Uploaded by

onwabilembotho
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

DISPUTE RESOLUTION METHODS

The following are some of the more common dispute resolution processes, listed from less
formal to more formal.

Negotiation

The people involved in the dispute discuss the problem, proposing possible solutions until
they reach agreement, decide to try another method of resolution, or give up.

Conciliation

A third party works informally to remove obstacles to resolution – lowering tension, providing
a neutral place to meet or acting as a go-between.

Mediation

Still informal but more structured than conciliation. The third party directs a process which
helps those in dispute express their points of view, identify their interests and develop their
own solutions which meet the needs of all involved. Participation and agreement are
voluntary.

Ombud

A third party, often employed by an institution such as a city or university, investigates citizen
or employee grievances and makes recommendations for resolution.

Arbitration

More formal, the third party acts as a “private judge” to hear points of view and issues a
decision for settlement, which the parties must follow (if binding arbitration) or decide
whether or not to follow (if non-binding arbitration).

Adjudication

The most formal method. A judge, backed by the authority of the state, listens to narrowly
focused arguments and issues a binding decision based on statutory law and legal
precedent.

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