Methods for Resolving the Dispute - Essay Example

For resolving the dispute in this case study, Alternative Dispute Resolution Methods will be used.  Mediation and Expert Appraisal Determination methods have been selected for this purpose. For assessing the suitability of these methods, the following discussion will be made.

Mediation

The National Alternative Dispute Resolution Advisory Council (NADRAC) defines mediation as a procedure, whereby the disputing parties, are assisted by a mediator or neutral third party to identify the disputed issues, develop alternatives, consider these options, and endeavor to arrive at an agreement. The mediator does not enjoy a determinative or advisory function, with respect to the dispute or the outcome of its resolution (Spencer & Brogan, 2006, p. 8).

NADRAC’s model of mediation entails a neutral third party intervention, vis-à-vis the dispute in question. It facilitates the disputants to arrive at an agreement. Considerable variation can occur, with regard to the extent to which the mediator intervenes. However, this does not extend to deciding the outcome. The mediator can suggest methods for resolving the dispute (Astor & Chinkin, 2002, p. 84).

Expert Appraisal and Determination

Several means of procuring the assistance of experts are available to dispute parties. In general, these entail the third party conducting an independent examination of a few of the circumstances of the dispute and providing a report of such investigation to these parties. On occasion, the mediator could also provide advice regarding desirable, probable, and possible results (Astor & Chinkin, 2002, p. 89).

The mediator conducts an investigation of the dispute and furnishes advice regarding the disputed facts. As such, an expert appraisal provides an independent, impartial, and objective evaluation of the disputed issues. This is made available by an expert appointed for this purpose by the disputing parties (Astor & Chinkin, 2002, p. 89).

The expert cannot make recommendations, although further negotiations can be based on his opinion. Nevertheless, he can employ the findings to suggest desirable, probable, and possible outcomes to the dispute. Upon the parties consenting to the factual findings being final and binding, the process acquires a determinative aspect (Young, 2001).