Claims Mechanisms Matrix

Table Summary

This table outlines the details of various claims dispute mechanisms.

Dispute Mechanisms Origin Parties and Involvement Process Outcome
Negotiation By contract 2 parties communicate with each other and make decisions 2 parties determine process Contract final and binding
Mediation

By contract

By legislation

Third party neutral acts as 'facilitator' for parties to make decisions by themselves Mediator neutral takes parties through opening statements/defining & developing understanding of issues/developing solutions Agreement to which parties are morally committed
Arbitration

By contract

By legislation

Arbitrator renders a decision Arbitrator receives statement of issues from both parties. At hearings, takes parties through opening statements/ arguments/evidence/ examination in chief/cross examination/summation unless parties agree to less formal process Arbitrator's
decision final and binding
Litigation Either party may initiate Judge acts as 'decision maker' Judge takes parties through opening
Statements/Arguments/
evidence/examination in chief/cross examination/
summation
Judge's decision final and binding