dispute resolution, negotiations and adjucation what are the benefits and limitaions of both

Running Head : Dispute Resolution

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Introduction

This is a situation a situation of disagreement between conflicting Ideas either violently or non-violently . It can also be described as when different people actively disagree , argue about or debate a matter of opinion or idea (LSA , 1966

Dispute resolution is the process of bringing in warring parties together and solving the conflicting matter . In the United States there are different methods of solving Disputes as judicial and extra judicial disputer resolutions . The judicial dispute resolution

methods involves competent and effective judge , arbitrator or mediator who greatly aid the proper functioning of the dispute resolution process while the extrajudicial processes involves a well knowledgeable and neutral person who would critically aid in the dispute resolution between warring parties through arbitration , collaborative law , mediation and adjucation to resolve conflict and potential conflict between and among individuals , business entities , governmental agencies , and even states (Reinsmkan ,1972

Arbitration is the process that involves the agreement of different parties in dispute to be bound together by the decision of an independent third party-an arbitrator . The procedure is just like the court system although it ca n be less formal and the decision ma de by the arbitrator is fin al and binding on both parties (Reinsman , 1972

The benefit of arbitration is that it is private and less formal and this ensures that it does not blow up to the media and public and the parties are allowed to be professionally represented . Arbitration also has some disadvantages in that it might be quite expensive . This is when the decision is not satisfactory to all and some arbitrators might also take sides (LSA , 1966

Adjudication is the process of settling disputes that involves a neutral third party with the authority to make binding resolution through some form of judgment or award . This method is beneficial in that the use of court based adjudication allows room for appeal and court based adjudications are institutionalized , and therefore a party with complain does not need anybodies permission to bring a lawsuit against another party . This method also has its some disadvantages as court based disputes are prohibitively expensive in monetary terms making it impossible for some parties to take their complaint to a court of law the whole process is also is court controlled and removed from the control of the disputants and since the court dockets are always overbooked the dispute ca n take long before being solved and can lead to serious problems . In adjucation the problem is translated into a legal issue and the context of its resolution might also be lost (Reinsman , 1972

References

Law and Society Association (LSA (1966 ) Law and Society , Sage California

Riesman Michael (1972 ) Systems of control in international adjudication and

arbitration , Duke University press

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