Alternative Dispute Resolution. RESEARCH ASSIGNMENT
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 Introduction 3 2. Chapter 2 What is Alternative Dispute Resolution 3 3. Chapter 3 The Concepts of Conflict and Disputes 3 4. Chapter 4 The Development of Alternative Dispute Resolution 3 5. Chapter 5 Types of Alternative Dispute Resolution 3 6. Chapter 6 Negotiation 3 7. Chapter 7 Conciliation/Mediation 3 8. Chapter 8 Arbitration 4 9. Chapter 9 Adjudication 4 10. Conclusion 4 11. Recommendation 4 12. Bibliography 4
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
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 Introduction 3 2. Chapter 2 What is Alternative Dispute Resolution 3 3. Chapter 3 The Concepts of Conflict and Disputes 3 4. Chapter 4 The Development of Alternative Dispute Resolution 3 5. Chapter 5 Types of Alternative Dispute Resolution 3 6. Chapter 6 Negotiation 3 7. Chapter 7 Conciliation/Mediation 3 8. Chapter 8 Arbitration 4 9. Chapter 9 Adjudication 4 10. Conclusion 4 11. Recommendation 4 12. Bibliography 4
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
References: Finsen, E. (2005) The building contract. Cape Town: Juta. Markram.co.za (2012) Adjudication introduced. [online] Available at: http://www.markram.co.za [Accessed: 4 March 2013]. Molony.co.za (2012) Sean Molony | Mediated Solutions. [online] Available at: http://www.molony.co.za/mediation/ [Accessed: 4 March 2013]. Movshovich, V. (2011) Litigation and Dispute Resolution. Financier Worldwide, Iss. December 2011. Mwenda, W. (2006) Paradigms of Alternative Dispute Resolution and justice delivery in Zambia. Ph.D. University of South Africa. South African Law Commission (1997) Alternative Dispute Resolution. Project 94. [report] Johannesburg: South African Law Commission.