Commentary

153 Dispute resolution

BAILMENT vol 3(1)
| Commentary

153 Dispute resolution

| Commentary

153 Dispute resolution

Attention to the mode of dispute resolution can be as fruitful as attention to the law governing the dispute. Use of one of the various out-of-court means of resolving the dispute (such as arbitration, mediation or early neutral evaluation) can make reaching a settlement quicker, less formal, less costly and less public1. At least one of these methods (mediation) can lead to a resolution which is not determined by strict law and which uses creative solutions perhaps not available under strict law. Other disputes are settled by simple negotiation without the intervention of an independent

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