Question: Passage for case study and analysis for answering sub-questions a, b and c. Disputes could be settled by the acronym ACAS (Advisory, Conciliation and Arbitration
Passage for case study and analysis for answering sub-questions a, b and c.
Disputes could be settled by the acronym ACAS (Advisory, Conciliation and Arbitration Service). Advisory involves giving advice to the parties concerned by senior officers to promote settlement. Conciliation is introducing a third party to suggest possible solutions to be accepted by all parties without compulsion. Arbitration is a voluntary process where parties agree to accept and tolerate each others opinion. Mini-trial is a structured negotiated settlement technique as an expedited trial to hear the sides of all parties to attempt a negotiated settlement involving cases heard by a panel. Methods used for dispute resolution are lawsuits (litigation at the judiciary/court), collaborative law (involving lawyers for the clients to serve the interests of all parties) and mediation (settlement using neutrality by a third party resulting in a signed agreement or contract with a memorandum of understanding binding the parties).
a. Devising a means to distinguish between Arbitration and Conciliation processes would facilitate the necessary approach in strategy for negotiating and resolving dispute. Explain Arbitration and Conciliation. CR (10mks)
b. Giving a discourse of the use of mini-trial and collaborative law could prepare the way of negotiating parties in a dispute. Embark on one of them for explanation. EV (10mks)
c..Tabulating gives distinction between two or more issues. Explain the difference between Advisory and Arbitration in the acronym ACAS in the settlement of individual dispute in a two column table. CR (5mks)
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