LLB103 Lecture Notes - Lecture 6: Determinative, Alternative Dispute Resolution, Adversarial Process
Document Summary
Informal discussions between parties and external agency to try to avoid, resolve or manage a dispute. The state of manifesting goodwill and cooperation after being reconciled. The action of bringing peace and harmony; the action of ending strife. May advise on the content of the dispute. May give expert advice on likely settlement terms. Mediator and conciliator are an impartial third party. Both processes identify disputed issues, develop options, consider alternatives and try to reach an agreement. Neither mediation or conciliation are determinative processes. Both mediator and conciliator determine the process to be used. Conciliator may have an advisory role regarding the content of the dispute . Conciliator may advise on the outcome of a dispute. Conciliator may give expert advice on potential court outcomes. Conciliator may actively encourage parties to reach an agreement. Advise on what the law is (legal rights) Not let them be worn down by people and process. Attempt to interfere with process and structure.
