Dispute Resolution
The term is used to describe the process of resolving disputes. It may also be referred to as conflict resolution, dispute settlement or dispute resolution. Oftentimes, it is used to refer to a method of settling a dispute without resorting to litigation.
Mediation
Mediation is a dispute resolution method that can help people solve a wide variety of issues. It involves a third party, a mediator, who facilitates the parties’ negotiations. Narrows Law Group has trained professional who are expected to be impartial and not make any determinations.
Mediation can be used in a variety of civil and business disputes. Some examples are disputes over a mortgage, a loan, a property or a shareholder/partner dispute. In some cases, mediation can help clarify a financial transaction.
During the mediation process, the disputing parties will work with the mediator to develop a solution that will satisfy both parties. Sometimes, the parties will agree to keep the dispute private after the mediator has completed the process.
This allows them to keep the problem private and avoid an open court proceeding. Additionally, mediation can be less expensive than litigation. The cost of a successful mediation usually ranges from 0.5% to 2% of the value of the dispute.
Parties can choose the mediator they wish to work with. This will depend on the complexity of the case. A mediator who is experienced can help them plan and structure the mediation.
Arbitration
Arbitration for dispute resolution offers many advantages over litigation. It is faster, cost effective, and is a more transparent process. However, there are some drawbacks.
Unlike a trial, there are limited opportunities for appeal. Also, arbitrators are independent third parties with no bias. They are experts in their field and can be fluent in several languages. Therefore, they can better assess the issues on merit. In addition, their caseloads are generally lighter than those of the courts.
Nevertheless, there are some drawbacks to arbitration. First, if the process is used repeatedly, the parties may develop a dependency on it. Second, there are limited opportunities for discovery and motion practice. Third, it is difficult to enforcing judgments from national courts abroad.
Moreover, the “narcotic” effect of arbitration is important for recurring disputes. Using arbitration repeatedly is likely to prevent the parties from learning from their previous disputes.
Likewise, a longer process is likely to increase the chance of additional discovery and motion practice. This could also impede good faith negotiations.
Conciliation
Conciliation is a process that involves a third party who helps the parties involved in a dispute reach an agreement. The conciliator guides the parties in reaching an agreement and helps them identify the issues and develop their options.
Conciliation is a form of dispute resolution that is often a part of court proceedings. However, it may also be voluntary. It is also used by lawyers to help parties solve disputes.
There are two main types of conciliation. Some are private and others are public. A conciliator will make recommendations based on the interests of the parties. They will consider the commercial and legal interest of each party.
Conciliation is usually a voluntary proceeding. However, a judge can play an active role in the process. This allows the judge to share his or her advice. If the parties do not agree to the proposals made by the judge, they can refuse to accept the proposal.
Conciliation is usually done face to face. However, it can be conducted over the phone. In some situations, the conciliator will invite the parties to submit written statements.
Litigation
Litigation is the process of resolving rights-based disputes through the court system. It can be used to resolve financial disputes, trade secrets, patents, trademarks, copyrights, and injunctions.
In some cases, litigation can be the most effective way to solve a dispute. However, it is important to understand the risks and benefits. The following article explores some of these key points.
Litigation can be a lengthy and costly process. In some instances, it may be more efficient to pursue alternative methods of dispute resolution. For instance, arbitration is less expensive and quicker.
Arbitration is conducted by a neutral third party. Both parties agree to participate in the process. Once the third party has received all of the evidence from both sides, he or she makes a decision. This is a confidential process.
If arbitration is successful, the decision is binding. There are usually no appeals. However, some details about an arbitral award are public.
Although a public record is not always a bad thing, it can lead to reputational damage. That’s why it is wise to build rapport early on.
If you find yourself in need of Dispute Resolution services, give the professionals at Narrows Law Group a call today.