Prevention, Management & Resolution of Disputes: Resolution (Part 1)

Posted by Malcolm Campbell on 19 October 2016
Prevention, Management & Resolution of Disputes: Resolution (Part 1)

A dispute is a dispute, but not all disputes are equal. So what are the options to attempt to resolve a dispute once it goes beyond internal management of the issue?

Here’s a review of the three basic types of dispute resolution:


 

  1. Mediation

    The goal of mediation is for a neutral third party to help disputants come to consensus on their own.

    Rather than imposing a solution, a mediator (preferably a professionally qualified one) works with the conflicting sides to explore the issues and interests underlying their positions.

    Mediation can be effective at allowing parties to vent their feelings and fully explore their grievances.

    Working with parties together and sometimes separately, mediators try to help them hammer out a resolution that is sustainable, voluntary, and nonbinding.
     
  2. Arbitration

    In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute.

    The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.

    The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present and which standards of evidence will be used.

    Arbitrators hand down decisions that are usually confidential and that cannot be appealed.

    Like mediation, arbitration tends to be much less expensive than litigation.
     
  3. Litigation

    The most familiar type of dispute resolution, is litigation which typically involves a defendant against a plaintiff before either a judge or a judge and jury.

    The judge and/or the jury is responsible for weighing the evidence and making a ruling. Information conveyed in hearings and trials usually enters the public record.

    Due to its technical and complex nature parties often require Lawyers to run the litigation for them.

    A very high proportion of litigated matters settle due to the high costs, together with the time and effort litigation takes to be completed and the uncertainty of the outcome.

 

We have years of experience in helping businesses avoid, manage, and negotiate their way through disputes and if necessary litigating them. We specialise in providing clarity and confidence to business operators. If you have a dispute or a negotiation you need assistance with contact us and benefit from our knowledge and experience.

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