Mr. Klong has been living at 22 West Lane for over 17 years. Mr. Bold moves into the property adjacent to his and constructs a bar and night club. For the past two years since the club’s opening, patrons have continuously parked in front of Mr. Klong’s footpath and driveway, obstructing access to his property. Several complaints from Mr. Klong to Mr. Bold go unheeded so Mr. Klong brings the matter to court. The trial judge advice both parties to seek some form of alternative dispute resolution to resolve the conflict.
. Define the term ‘alternative dispute resolution’. [1 mks]
b. Outline to Mr. Klong the areas of law in which he may seek redress. Support your answer with facts from the scenario above. [2mks]
c. Outline to Mr. Klong TWO reasons why arbitration would be suitable method to use in the resolution of this dispute. [2 mks]
d. Mr. Bold is not convinced that arbitration is the most suitable method to resolve this dispute. He believes that mediation or litigation would be a better option to pursue. Mr. Bold seeks your advice on whether he should pursue litigation or mediation to resolve this dispute. Advise Mr. Bold by providing THREE points EACH in support of litigation AND mediation.v
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