exchanges of cultural, social, and commercial nature between private/public individuals or corporations. This boost in International businesses and across the border relationships are of pivotal importance and have also brought to light the lacunae in the so-called ‘globalization of the law’. However, the resolution of these conflicts is imperative which is made possible in the legal arena through methods of Litigation, Arbitration and Mediation. It is important to comprehend and distinguish the
acted as arbiters in conflicts between European countries. Also, kings used these types of aids as an extension of their own authority. They would accept the decision made by a third party, typically made by a local, highly respected person, which acted as an arbiter in a dispute between two parties; thus, creating one of the first forms of arbitration. In some sense, then, common law ADR has been around for centuries. In the United States, commercial arbitration existed in the early Dutch and
who are legally represented because even though ADR discourages the use of one, it does not forbid. Further, ADR lacks precedent unlike the civil court system and in the case of arbitration, an unexpected legal point may arise in the case which is not suitable for decision by a non-lawyer arbitrator. Besides that, arbitration can be costly if a professional arbitrator and legal representation are used especially if parties opt for a formal hearing with witnesses giving evidence and lawyers representing
of resolving disputes in South Africa is Alternative Dispute Resolution (ADR). These ADR methods are namely mediation; negotiation, conciliation and arbitration. It is argued that flexibility is the guarantee of ADR. These ADR methods have expanded access to justice for social crowds that are not sufficiently or reasonably served by the legal framework. While the popularity of mediation is on the rise at its base there is an increase of legal costs, not only is it a refined procedure that permits
management strategies can either be violence or non-violence. The non – violence strategies include mediation, facilitation, negotiation, dialogue, organizational change and consensual decision making. Mediation Mediation is a term that is very common in nonviolent conflict resolution. It is a cheap and informal alternative to resolving conflict in the workplace (Armstrong, 2012). Traditionally mediation has been viewed as a process that is conducted by a
INVOLVED In Arbitration, the main parties involved are arbitrator that act as a third party and other various parties which can be either between client and contractor, client and sub-contractor and etc. Arbitrator Arbitrator is the ‘middle man’ that act as a judge in the arbitration process. An arbitrator can be appointed either by the parties themselves, by an independent third party, or by the Court. He will be judging the whole process of arbitration in resolving the disputes arises between the parties
stressed out and when I don’t feel that my emotional, physical, financial needs are being met. http://hbr.org Performance and Disagreements The difference between beneficial and conflict that is not beneficial is that favorable conflict is a normal mutual disagreement between one party or many parties and dysfunctional conflict is a non productive argument between one or multiple parties to which it is almost impossible to reach a mutual decision. www.study.com Model Usage The BCF Model also known as