Simple Means of Settling Dispute

The aim and objective of this Book is gradually becoming a Household approach to dispute resolution because of the delay suffered by litigations in the normal court system. Alternative Dispute Resolution [ADR] is less formal, it is quick, cost less and at the same time saves time and does not infringe on the rights and privacy of the parties. It is used to create a 'win- win' situation between parties by providing resolutions that the parties agree and are happy with.More so, Simple Means of Settling Dispute is process involves the use of negotiation skills to Achieve and develop agreement that are beneficial to parties. It increased satisfaction and compliances with their solutions in which the parties themselves has participated. It is voluntary, flexible and used to serve the parties interest. The informality is what attract and appealing to disputants who may be intimidated by or unable to participate in more formal system. There is equity and fairness, the case is decided by a third party or negotiated between disputant based on the principles and terms agreeable and fair in the particular case rather than of litigation. The parties have direct participation in the process and designing of the settlement and it gives opportunity for reconciliation between parties and an atmosphere for result oriented, quick and cheap dispute resolution. Most importantly, the parties at the end of the day come to a common ground where by each party is happy with the outcomes. This may not be the case for matters resolved in court where one win and the other lose, but in Simple Means of Settling Dispute is a win - win situation. Parties' may agree to settle their disputes amicably in any way they consider suitable, unless such an agreement is contrary to the law. Such agreement will be enforceable only if agreement is reached by the parties.Simple Means of Settling Dispute is designed to engage in constructive and unambiguous dialogue to fashion out a path to resolution. It tailored resolution to disputant needs, increased satisfaction and compliance with the resolutions in which the parties themselves has participated. Issues resolved through the alternative dispute resolution methods techniques end up bringing satisfaction to aggrieved parties. This may not be the case for matters resolved in a law court, where one win and the other lose. One of the parties is Happy about the final decision of the judges while the other is left aggrieved. Some time, the aggrieved party looks for opportunity for further litigation, through appeals in higher court of law. Issues of appeal do not suffice, in Simple Means of Settling Dispute has each party reaches a mutually beneficial agreement that satisfy their aspirations.The scope and limitation of this Book of Simple Means of Settling Dispute is that there is no guaranteed resolution, with the exception of Arbitration; Alternative Dispute processes do not always lead to a resolution. It is possible that you could invest time and money in trying to resolve the dispute out - of - court and still end up having to proceed with litigation and trial before a judge or jury.Simple Means of Settling Dispute can resolve disputes that involves money but in ability to Decide criminal matters. If a party is not satisfied with the decision of the Arbitration, they can file a request for trial with the court within a specified time period after the Arbitration Award, but if the party does not receive a more favorable result at trial, they may have to pay a penalty or fees to the other side. Time to resolve a dispute may be a limitation, for some disputes to be resolved for a win - win situation may have to be concluded with stipulated time. When parties fail to agree, the resolution procedure drags on.Generally, arbitrators can only resolve disputes that involve money. They cannot issue orders requiring one party to do something, or refrain from doing something [also known as injunction]. They can do.....