When it comes to dispute resolution, there are so many choices available to us. Understandably, disputants are often confused about which process to apply to their situation.
Suppose that parties and their lawyers have exhausted their attempts to negotiate a resolution. They’re ready for outside help in ending their dispute, yet they don’t know exactly where to turn. Here’s a review of the three basic types of dispute resolution to consider:
1. Mediation
The goal of mediation is for a neutral third party to help disputants come to a consensus on their own.
Rather than imposing a solution, a professional mediator works with the conflicting sides to explore the 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 can 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 at the time 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, civil litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury.
The judge or the jury is responsible for weighing the evidence and making a ruling. The information conveyed in hearings and trials usually enters, and stays on the public record.
Lawyers typically dominate litigation, which often ends in a settlement agreement during the pretrial period of discovery and preparation.
DCM's Dispute Resolution Workshop
Learn how to understand people's behaviour and how to manage disputes effectively. Managers must display confidence while offering guidance through a workplace dispute between colleagues. Having a positive approach towards colleagues can create a happy working environment making disputes easier to manage.
This 1-day course uses a mixture of classroom study, group exercises & discussions and trainer experiences.
Source: Harvard.edu
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