Negotiations and alternate dispute mechanisms

NEGOTIATIONS AND ALTERNATE DISPUTE MECHANISM

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Negotiations and Alternate Dispute Mechanism

Alternative Dispute resolution encompasses distinct forms of dispute resolution through arbitration and mediation . Arbitration is a method of dispute resolution involving one or more neutral third parties who are usually agreed to by disputing parties and whose decision is binding . Arbitration generally proceeds in a similar fashion to that of the court with opening statements , the presentation of witnesses and evidence , cross-examination , and closing arguments . Arbitrators then decide cases based on the evidence

, and their decision is final binding on the parties

Mediation on the other hand is an informal dispute process in which the third party - the mediator helps disputing parties to reach an agreement . A mediator , unlike the arbitrator , has no power to impose his decisions on the parties . Therefore , the mediator 's role is to bring the parties closer together through discussions of weaknesses in the case for both sides , in an effort to convince each to settle the dispute

Arbitration and mediation are voluntary mechanisms- that is the parties are only required to mediate or arbitrate if they agree to do so . The absence of such an agreement will see the parties go to the court of law therefore the parties in contention cannot be hauled into private mediation and arbitration against their will . It is at the disposal of the parties to decide how they will go about to do it

Alternative Dispute Resolution mechanisms have advantageous such that they are cheaper and quicker than court proceeding and permit parties to resolve their differences more efficiently . Studies have shown that arbitration proceedings in the employment discrimination area to take an average of 8 .6 months to be resolved , whereas the average court cases involving alleged employment discrimination takes almost two years . This has seen businesses and employees placing mediation and arbitration in the employment contracts or agreements thus discrimination conflicts can be solved amicably without going to the court of law

Arbitration

Arbitration proceedings are like informal court proceedings . They take place in conference room and not in the courtrooms at date scheduled by the parties . In African traditional setting arbitration proceedings take place under a tree called a baraza Generally during the proceedings of the arbitration the parties select a particular rule to apply to the arbitration and are free to modify such rules by agreement . The reason parties prefer arbitrations to court is because they are more streamlined and friendly . Discoveries in arbitrations tend to be less comprehensive and persistent , with arbitrators frequently imposing limits on the number of depositions each party can take . The arbitrators equally understand that the parties select arbitration in part to avoid the cost of court proceeding and issue rulings considering these goals

While arbitrators make evidentiary rulings and can bar evidence and testimony they deem improper , arbitration rules generally shun strict compliance with rules of evidence . In conforming to the informal nature of the Alternative Dispute Resolution mechanisms , the arbitrators generally make mistake...