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Dispute Resolution
Use of the court system is usually a last resort for disputing parties who may have tried various other
methods without success
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o The idea of self-help is contrary to the idea that we are a civilised community that has a
well-organised system of solving problems and dealing with disputes
Negotiation
 The most sensible approach in settling a dispute is for the parties to get together and solve the
problem themselves by agreeing on a settlement
 In many cases, the solution may be quite simple and discussing the matter may overcome
misunderstandings and avoid conflict
Abandonment
 In many civil cases, even though the right to sue a person may exist, it would often be
ridiculous to begin legal action through the courts due to the time and costs involved
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 The third party does not impose a decision on the disputing parties, but instead, helps them to
arrive at a solution by offering suggestions and advice
Mediation
 Allows people to solve their disputes by voluntarily coming together before a neutral third
party, who is referred to as a 'mediator'
o The mediators establishes rules for the parties to discuss their dispute
o The mediator ensures that both parties have an equal opportunity to discuss and
exchange information
Arbitration
 An arbitrator is called in to settle the argument, not by offering advice, but by imposing a
legally binding decision on the disputing parties
 Advantages
o Speed
o Low cost
Judicial Determination
 Involves a matter being resolved by a judge or magistrate
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