1. The most common forms of ADR for civil cases are conciliation, mediation, arbitration, neutral evaluation, settlement conferences and community dispute resolution programs. (5 marks)

In the following short case explain which one of the above forms of settlement may be best suited for resolution of the problem/s and why the others may not be so suitable in terms of cost, time, cultural or other reasons. Outline some of the objections which may be raised by the parties and likely solutions thru the form of ADR suggested.

The Maliks lived next door to the Khurshids. After a month of high winds, the fence between their back gardens came down. The Maliks decided to replace it because whenever they spoke to the Khurshids about it they always said they would sort it out together, but never did, and after 6 months of no action, it was replaced by the Maliks.

After being erected for a week the Khurshids demanded that the fence be taken down, as it was encroaching on their property and the original boundary had been moved; the Maliks contended that their builder had brought materials which were cheaper and stronger than the old fence and had followed the boundary line.