For strengths and weaknesses of dispute resolution methods, my strength is usually quite long and my opposing weakness if often quite short, such as 'however, if the parties do not have equal bargaining power then one party may exert influence over the other party, or one party makes compromises too often which may lead to an unfair result.' Do you think if I am asked to evaluate a strength or something, that I could just use something short such as what I wrote above or kind of string on a bit more being verbose to cover up a few extra lines.
Also in my notes, it explains what mediation, conciliation and arbitration is but doesn't really provide much open for me to compare and contrast the ADR methods or even evaluate.
e.g. Would mediation be a better method for settling a dispute than conciliation? Justify your answer.' (4 marks). I'd probably write something along the lines of this.
Mediation would be a better method for settling a dispute when compared to conciliation. The mediator does not openly suggest ideas for resolution, but instead allows the opportunities for the parties to maintain control over the dispute, explore ideas that could assist in dispute resolution, as well as resolve the dispute so both parties are satisfied. This essentially enables the parties to work out the dispute for themselves with the mediator listening to the discussion and ensuring both parties are not going unheard. On the other hand, conciliation involves a conciliator openly suggesting ideas that will assist in dispute resolution but does not make a fully enforced decision on the behalf to the parties. The conciliator may plant ideas for resolution in the minds of the parties which may result in one or both of the parties not being fully satisfied; the original 'want' of one of the parties from the resolution may have changed completely, which can lead to an unhappy resolution that the parties do not follow. Overall, mediation is a more effective means of dispute resolution as the parties negotiate and bargain for themselves in the dispute for a resolution with a third party facilitating the negotiation.
Would this be four marks? I really don't know how I would get marks for something like this, so I'd just write as much as I could and cross my fingers. BTW, if I was asked to compare anything other than mediation, I would probably only be able to string 2-3 sentences.