ADR

[Colokid]

here is a revision question i have done.

Explain the operation of two dispute resolution methods. (4 marks)

Arbitration is one dispute resolution method, in which an independent third party, an arbitrator, listens to the evidence and arguments presented by both parties, and makes a decision on their behalf. This decision is legally binding.

Conciliation is another dispute resolution method. Conciliation is a process whereby an independent third party attempts to assist the disputing parties in reaching a settlement. Th third party (conciliator) role is to encourage dialogue between the two parties, and suggest solutions after listening to their evidence and arguments. The decision or settlement may be made by the parties, on advice of the conciliator, although the decision is not legally binding.

if someone could read and mark this question out of four, and give comments on things i could have done better, if there is a need for that.

[Age991]

Good answer for conciliation, 2/2 there.

However with arbitration I suggest also talking about how it's in a "court like scenario," however is far less formal. I'd also chuck an example of an arbitration organisation such as VCAT to really demonstrate understanding :)

[meganrobyn]

I agree with all this advice - it's really good. Plus, you can say that for conciliation (like mediation) a court or VCAT usually ratifies the agreement, which makes it binding.