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Alternative Dispute Resolution. RESEARCH ASSIGNMENT

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Alternative Dispute Resolution. RESEARCH ASSIGNMENT

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ALTERNATIVE DISPUTE RESOLUTION

LUKE BUCHHOLTZ
2011018492
RESEARCH ASSIGNMENT

Submitted to partially comply (in the module PPR 404) with the conditions for the degree

B.Sc (Quantity Surveying) Honours

Department of Quantity Surveying and Construction Management Faculty of Natural and Agricultural Sciences

UNIVERSITY OF THE FREE STATE
BLOEMFONTEIN

Mrs M-M Els

2013

TABLE OF CONTENTS
ALTERNATIVE DISPUTE RESOLUTION
1. Chapter 1 Introduction3
2. Chapter 2 What is Alternative Dispute Resolution3
3. Chapter 3 The Concepts of Conflict and Disputes3
4. Chapter 4 The Development of Alternative Dispute Resolution3 5. Chapter 5 Types of Alternative Dispute Resolution3 6. Chapter 6 Negotiation3
7. Chapter 7 Conciliation/Mediation3
8. Chapter 8 Arbitration4
9. Chapter 9 Adjudication4
10. Conclusion4
11. Recommendation4
12. Bibliography4

13.

ALTERNATIVE DISPUTE RESOLUTION

1. Chapter 1 Introduction

In all aspects of life conflict can be found and solutions need to be found. In business disagreements arise that cannot be simply resolved. These disputes used to often lead directly to the courtroom and the process of litigation. Litigation is a slow and extremely costly exercise that many businesses simply cannot afford. A faster, cheaper solution had to be found and this came in the many different forms of Alternative Disputes Resolution processes. Depending on the dispute and the solution that needs to be found an alternative solution is available. Alternative Dispute Resolution processes can be either fairly passive, such as negotiation where the two parties agree on a way forward on their own. Or it can be more active where a neutral third party will hear both sides of the story and then pass judgement. This judgement is not always legally binding, as it is in litigation, but the resolution to the dispute...