INTRODUCTION
Law is one method of resolving disputes when, as is inevitable, they emerge. All societies have mechanisms for dealing with such problems, but the forms of dispute resolution tend to differ from society to society. In small scale societies, based on mutual co-operation and interdependency, the means of solving disputes tend to be informal and focus on the need for mutual concessions and compromise to maintain social stability. In some such societies, the whole of the social group may become involved in settling a problem, whereas in others, particular individuals may be recognized as intermediaries, whose function it is to act as a go-between to bring the parties to a mutually recognized solution. The common factor remains the emphasis on solidarity and the need to maintain social cohesion. With social as well as geographical distance, disputes become more difficult to deal with.
ADVANTAGES
There are numerous advantages to be gained from using arbitration rather than the court system:
- Privacy
Arbitration tends to be a private procedure. This has the twofold advantage that outsiders do not get access to any potentially sensitive information and the parties to the arbitration do not run the risk of any damaging publicity arising out of reports of the proceedings.
- Informality
The proceedings are less formal than a court case and they can be scheduled more flexibly than court proceedings.
- Speed
Arbitration is generally much quicker than taking a case through the courts. Where, however, one of the parties makes use of the available grounds to challenge an arbitration award, the prior costs of the arbitration will have been largely wasted.
- Cost
Arbitration is generally a much cheaper procedure t...
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... are not bound by the strict rules of precedent, although some pay more regard to previous decisions than others. It should be remembered that, as tribunals are inferior and subject to the courts, they are governed by the precedents made in the courts.
- Expertise
Reference has already been made to the advantages to be gained from the particular expertise that is provided by the lay members of tribunals, as against the more general legal expertise of the chairperson.
- Accessibility
The aim of tribunals is to provide individuals with a readily accessible forum in which to air their grievances, and gaining access to tribunals is certainly not as difficult as getting a case into the ordinary courts.
- Privacy
The final advantage is the fact that proceedings can be taken before a tribunal without triggering the publicity that might follow from a court case.
corporate disputes in Mauritius. Table of content Chapter1 • Corporate conflict • Different types of disputes that may arise in the corporate sector. • Negotiation • Characteristics of negotiating • Negotiation in the corporate sector • Historical practice of mediation. • Mediation in Mauritius. Chapter2 • How Negotiation can solve corporate conflict. • Conflicts within a company • Negotiating Price • The Power of Emotion • Forming Relationships • HOW FAR IS NEGOTIATION LIABLE TO SOLVE CORPORATE
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