Identity and Explain the Alternative Method of Resolving Civil Disputes Other Than by Taking Action Through the Courts and Consider the Advantages and Disadvantages of Each of These Alternatives.

In: Business and Management

Submitted By xojaniceeee
Words 961
Pages 4
Civil disputes are cases of disagreement in self-interest between individuals, large corporation or organization under the circumstance that no breaking of criminal laws (Maclntyre, 2010). Cases are mainly to do with torts, contract matters, probate of wills, trusts, property and deceased estates. The verdict of litigation is largely by means of financial compensation to the winning party that includes court costs as well.

It is encouraged to resolve disputes of the above-mentioned through mediation, conciliation, arbitration and tribunals nowadays. As any litigation takes lots of time and money, these alternatives can concurrently improve efficiency and save money as well as time.

Mediation involves a third party to phase in the negotiations of disputants is regarded as Mediator whose position is neutral and has no self interest in the case (Hibbert, 2008). Mediator is skillful in the technique of communication who will structure schedule aimed to keep matters simple and to identify the key issue of the dispute. Disputants will be guided to narrow their differences to come to a consensus for a mutually satisfactory outcome acceptable to both parties concerned. Mediation schemes are in The Court of Appeal and the Commercial Court. Manchester Court Mediation Scheme is available in all county courts (Hibbert, 2008).

Conciliation is a scheme which is quite similar to mediation. However, Conciliator plays a relatively active role by proposing solution to disputants direct for them to reach an agreement.

In brief, both schemes are providing a platform for disputants to better understand, discuss and clarify misunderstanding amongst them. Instead of going through a lengthy and bureaucratic procedure of Civil Court. These schemes are deemed as inexpensive but achieving similar or even better win-win situation as a result. Last but not the least, the final…...

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