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1. Advantages And Disadvantages Of Litigation
The litigation is the formal and conventional way in dispute resolution over the centuries of time.
Courts are traditional, recognizable forums in which litigation is adjudicated (Kennedy and
Richards, 2004). Even though there are number of methods available outside the court system
litigation is still act a major role in dispute resolution as the conventional method.
But with the time people identified limitations of the system which created uncomfortable situations
to users due to certain drawbacks hold with the litigation system. Through litigation successive
governments has ensured that people are delivered with justice and adjudicated on their disputes.
Even though disputes are resolved through litigation people come across so many difficulties, such
as stress, expenditure, delay and bitter arguments that pave the way for further disputes.
A major issue on using litigation for labour disputes is frequent postponements awarded in hearing a
case in the courts. According to Sivananthiran and Ratnam (2003) the most prominent cause
responsible for delay in adjudication is frequent adjournment granted by the Labour Courts. Both
workmen and employer seek adjournment after adjournment at each of the above stage and this
contributes to the delay in dispute resolution process.
2.5.3 Labour tribunals
It is the most popular...show more content...
It defines the objectives and scope of the Act, as "an Act to provide for the prevention, investigation
and settlement of industrial disputes, and for matters connected therewith or incidental thereto". By
analyzing the definition, it is focused on providing methods in minimizing the disputes and
identifying and settling them efficiently as early as possible to protect the harmony of employment
relations. As stated by Egalahewa (2009) the act is enacted to bringing in new machinery for the
settlement of industrial disputes in Sri
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