Scenario 1:
A group of neighbours in your area are fed up with a house of uni students who continue to have late night parties, disrupting the neighbourhood. You and your neighbours want to take action.
Scenario 2:
An influential customer of your business is complaining about the finish able to be achieved by the latest batch of paint you have produced. You think that the problem is being caused by the way his tradesmen are applying the paint. The customer is threatening to take action. You do not really want to be involved in a legal argument with the customer. How can this be solved.
Disputes occur at various stages throughout our lives. It is often how well we resolve these disputes that determines whether we will be successful, especially in our business lives.
The aim of this assignment is to help students understand that although litigation has its place in dispute resolution, there is a whole raft of alternative dispute resolution processes that are becoming increasingly useful in our legal system. The main alternative is mediation but as you can see there are others.
Students should be aware that there is not necessarily one correct answer when deciding which method to use when deciding a dispute. Your consideration of the issues for and against particular methods is the concentration for this assignment.
You will be given 2 scenarios to consider (read instructions below). For each scenario you are required to:
1. Choose 2 dispute resolution methods for each of your scenarios fromthe following list. Some of these are described in the Astor and Chinkin reading(some have been left out intentionally and some are also known by different names). Giving reasons relating their advantages and disadvantages found in your research, state which might be preferred for each particular scenario:
a. Litigation
b. Mediation
c. Expert Appraisal and Determination
d. Case Presentation
e. Conciliation
f. Arbitration