Online Dispute Resolution Assessment

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10 Questions - Developed by: Kaushalya Mataraaratchi - Developed on: - 6.329 taken

Please complete the following by selecting the most appropriate answer which describes your client and their dispute.

You may only choose ONE of the options in each question.

Upon completion please click on the ‘Test Results’ button to reveal which dispute resolution process we believe would be most beneficial for your client.

  • 1
    Describe the level of conflict experienced between the disputants
    Low level of conflict between the disputants
    High level of conflict
    Medium-High level of conflict
    Medium level of conflict
    Low-medium level of conflict between the disputants
  • 2
    How much control does your client wish to retain over the dispute?
    The client is willing to lose control over the dispute in the belief that they will be sufficiently recompensed (through the success of litigation)
    Control of the dispute itself is no longer important to the parties
    Your client wishes to maintain a greater degree of control over the process of resolving the dispute, including designing a process that adequately addresses their specific needs and goals
    Ownership of the dispute is most important to your client and they wish to retain maximum control
    Ownership of the dispute is important and the client wishes to partake in a collaborative process with the other party to resolve the dispute
  • 3
    What type of matter is being disputed?
    Dispute involves technical matters which requires a decision-maker with sufficient knowledge
    The speed of resolution is important and although both parties have an extensive understanding of the particularities and are removed from the ‘emotions’ of the dispute they require the assistance of a third party to manage the process
    Both parties have an extensive understanding of the particularities of the matter being disputed and are removed from the ‘emotions’ of the dispute to be able to concentrate on the issues
    This matter has not been resolved due to the lack of communication between the parties
    The dispute is in litigation stage or will potentially go to a litigation and significant additional costs are anticipated
  • 4
    Need the procedure be formal to meet you client’s needs?
    An informal procedure is desired by your client in order to create a tailored resolution through exploring agreement options with a third party and the other disputant
    Client wishes to partake in an informal process where an individualised agreement can be drafted with procedural assisted from a neutral third party
    The client is so entrenched in the dispute that they requires a formal procedure directed towards the merits of their case
    Credibility of the client is an issue thus more formal procedures are required
    Your client does not want their to be any formal rules governing the dispute resolution process
  • 5
    What is the attitude between the respective disputants?
    Parties do experience conflict but are not entrenched in adversarial positions in which vindication is the motivating factor
    Parties are emotional and hostile towards each other that are unlikely to be able to cooperate
    Parties maintain an amicable relationship between each other
    The client is at a stalemate position with the other party and requires the presence of a third party
    Disputants have a strong relationship and have maintained communication with one and another
  • 6
    Does your client have the ability to resolve their own dispute (considering attitude, level of involvement in the dispute, personal affect of the dispute)?
    The client has an unrealistic view of the strengths of its case or disagrees significantly on the value of the case and requires a third party to hold a determination to explain the true situation.
    Client is sufficiently aware and focused towards to issues of the dispute (rather than its emotions) to be capable of resolving the dispute with minimal assistance
    While capable of resolving the dispute, the client requires assistance in managing the process to make resolution efficient and effective (rather than time consuming)
    Parties are so involved in the dispute that they have little ability to look at the main issues of the dispute
    The client is interested and capable of settling or exploring settlement options with a little outside assistance
  • 7
    Is there any power imbalance between the parties which would affect dispute resolution process?
    There is no imbalance in the levels of power between the two parties
    There is a some level of power imbalance between the parties which the assistance of a third party is likely to neutralise
    There is minimal level of power imbalance between the two parties, which the presence of a neutral party would re-balance
    The power imbalance between the parties is irrelevant as they do not want to resolve the dispute directly
    The parties have a power imbalance which needs to be neutralised by a third party
  • 8
    How important is the matter of the cost of the dispute important to your client?
    Parties are financially secure
    While lowering the cost of the dispute is important to your client it is not the most important facet of the resolution process
    The minimisation of cost is important to your client, however they believe they will be recompensed through a litigious settlement
    Cost is an important consideration to your client, however the efficiency of the resolution is of more interest
    Your client is financially constrained and requires a cost-effective resolution
  • 9
    What is the main type of problem which is involved in this dispute?
    The issue in dispute is particular to the parties in question and the presence of a third party would provide little assistance in its resolution
    The problem is of an urgent and personal nature requiring the development of a creative solution under the management of a third party
    The matter concerns problem which would be difficult to resolve in court or a simple legal problem which could be settled without litigation.
    Issues other than those of pure quantum or liability exist, so that creative problem-solving can be usefully applied to the resolution of the dispute with a neutral third party
    The main issue at hand is commercial in substance
  • 10
    Of the following, which is most important to your client?
    To be empowered in resolving the dispute collaboratively with the other party in an efficient manner
    To express their emotions on specific issues of the dispute to the other party – however a neutral party is required to diffuse the hostility between the parties
    To own the dispute, its process and its outcome
    To be told by a neutral party that their view is reasonable and be recompensed by the other party – to ‘win’
    Finality - A final and legally binding decision to be made for the resolution

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