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(a) Negotiation:this is an alternative dispute resolution mechanism which involves the
processof interaction between disputing parties and without compulsion by a 3rd party
adjudicator, the parties endeavour to come to an interdependent joint decision concerning
the terms of agreement on the issues between them. It enables disputing parties come to an
agreeable and acceptable settlement, usually a compromise. It proceeds through exchange of
information thereby permitting a learning process by which each party formulates modifies
and readjusts expectations, preferences and proposals.
(b) Mediation:this is a dispute resolution mechanism in which a neutral and impartial
thirdparty assists disputing parties to negotiate an acceptable settlement of contested issues
to avoid or overcome an impasse or if the parties are unable to negotiate.
It is merely the intervention into a dispute or negotiation by an
acceptable,impartial and neutral third party with no authoritative decision
making power. It is facilitated by negotiation.
(i) The mediator assists the parties to reach their own agreement.
(ii) It is the least intrusive form of third party involvement in a dispute.
(c) Arbitration:this is a method of settlement of civil disputes out of court by arbitrators
orarbitral tribunals that make arbitral awards. A dispute may be referred to arbitration by the
disputing parties, statute or a court of law. Arbitrators may be appointed by the parties, a 3rd
party of a court of law on application. Arbitrators enjoy certain powers;
(i) An arbitral award may be set aside by a court of law in application.
(ii) The law on arbitration is contained in the Arbitration Act, 1995.
(d) Tribunals:these are bodies created by statute to adjudicate specific disputes. The
exercise judicial or Quasi judicial functions, examples include industrial court licensing
boards, committees among others. These bodies enjoy certain advantages over ordinary courts for example,
cheap, speed, informality, flexibility convenience, specialization among others.
(e) Mini trial:this is a dispute resolving hybrid process that structures private negotiation
by combining elements of negotiation, mediation, and adjudication in a new way. It first
developed in California. The parties to the dispute appoint an experienced person to preside
at a two day information exchange. Each party presents its case. Officials from both sides
confer to evaluate the case and come to a settlement, failing which the presiding officer gives his view of how the case would be resolved in court. The parties discuss the case and if there is no settlement the case goes back to court.
(f) Med-Arb: this is a dispute resolution mechanism whereby an arbitrator acts as a mediator in a single dispute.
(g) Rent-a-judge (private judge):this is a situation where arbitration employs
experienced persons for example retired judge to arbitrate difficult cases.
(h) Summary jury trial.
(i) Neutral expert fact finding.
maurice.mutuku answered the question on April 30, 2018 at 13:18
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