Lecture 37, Arbitration-Conflict Management-Lecture Notes, Study notes of Conflict Management

Download Lecture 37, Arbitration-Conflict Management-Lecture Notes and more Study notes Conflict Management in PDF only on Docsity! 124 Lesson 37 ARBITRATION I Quotation Law and settled authority is seldom resisted when it is well employed. Dr. Johnson, The Rambler, 1750-52 We will learn about arbitration and its varieties in this lecture. What we will learn about arbitration is that it is an ADR process that can closely resemble litigation. We will also learn about the tension between providing informality and legalistic protections in arbitration. The advantages and disadvantages of arbitration compared with litigation and other ADR processes and how thus information can be useful to conflict diagnosticians will also be discussed. Ways to Resolve Conflict A conflict can be resolved in a number of ways. The methods which are usually employed are given below • Negotiation • Mediation and Conciliation • Adjudication • Arbitration • Litigation • Avoidance • Violence We will focus here only on arbitration as negotiation, mediation and adjudication have previously been discussed. Arbitration Arbitration is a legal process whereby a neutral third party (arbitrator) hears the dispute and issues an award. Arbitration awards are final and binding on the parties and can only be challenged in very exceptional circumstances. An arbitration award has a status similar to a judgment and arbitration. Arbitration award The binding decision issued by an arbitrator is called arbitration award. Advantages of Arbitration Following are the advantages of arbitration 1. Flexibility of Proceedings 2. Confidentiality of Proceedings 3. The Speed of Resolution 4. Low Cost relative to Litigation 5. Legally Binding Nature 6. International Enforceability 7. Expertise of Arbitrator Disadvantages of Arbitration A major weakness of the arbitral process is the limited powers which the arbitral tribunal may exercise. Another perceived drawback of the arbitral process lies in the fact that, in general, it is not possible to bring multi-party disputes together before the same arbitral tribunal. Unlike a Court of Law, an arbitral tribunal generally has no power to order consolidation of actions. If the Arbitrator is an expert within a specified field, he/she may not have the requisite expertise when the dispute hinges on difficult points of law. The doctrine of precedent does not apply. Each case is decided on its merits; and is therefore no guide to future similar cases. docsity.com