Dispute Resolution

Dispute Resolution  •  Dispute Resolution

Dispute resolution or arbitration is the procedure of resolving conflicts between individuals. Disputes are usually longer and more personal than disagreements, but the term dispute resolution can sometimes be used interchangeably with mediation, although disputes are typically much deeper and more complex than this. Disputes can range from a simple misunderstanding to a serious issue such as workplace violence or discrimination. Whether or not disputes should be handled by a professional mediation or arbitration board depends on many factors including the nature of the dispute, the ability of each party to resolve the dispute properly, the extent of damage to the relationship, the amount of compensation sought, the length of time the dispute lasts, the experience of the disputing parties, the involvement of children, other professionals involved in the dispute, and the location of the dispute.

There are different types of dispute resolution that may be undertaken by one party or both. When two or more individuals are engaging in a form of mediation, the process is referred to as dispute mediation. Another form of dispute resolution involves negotiations between disputing parties. Arbitration also involves negotiations between disputing parties, but it is different from mediation in that there is a neutral individual, usually a judge, who hears the case and decides the outcome. The final decision of an arbitrator is binding, so it is important that you hire an experienced and qualified mediator if you are going to engage in arbitration.

A third type of dispute resolution involves a form of dispute settlement. When you go through a mediation or arbitration, you will work with a dispute resolution professional, usually a lawyer or former court clerk who will help you negotiate a settlement or court case. Mediation tends to be quicker than arbitration, because the parties are not immediately confronted with a situation in which they must decide what to do, rather than have an opportunity to discuss the issues face to face. Court cases, however, tend to last longer because the court has to make a decision quickly, rather than allowing the dispute to drag on for some time.

There are many reasons that people choose arbitration and/or mediation over litigation. Some people may not have the financial means to pursue a case in court, for various reasons. For this reason, they choose collaborative law as a way to resolve their disputes. Collaborative law is when both parties to negotiate in order to settle the dispute, often through the use of one of several forms of dispute resolution. In some cases, such as divorce, a mediated agreement may be all that is needed. In other cases, such as excessive workplace harassment, an arbitrator may make a ruling in your favor.

There are three different types of dispute resolution processes. One involves direct negotiations between disputing parties; the second involves negotiations that take place through the use of some type of an impartial third party; and the third type of mediation takes place through a third party that can mediate the discussions. These methods of dispute resolution differ slightly from mediation in some aspects, but each of them has its own set of benefits, and drawbacks. Using one or more of these methods of dispute resolution can benefit certain groups of people and situations. It should be noted, however, that even if mediation does result in a settlement, it does not mean that the parties are completely satisfied with what has been accomplished.

Direct negotiations can take place in a court of law or through the use of arbitration or mediation. The first process allows disputing parties to sit down with a neutral party or person to discuss the matter in question. This is often done through a neutral third party that is chosen by the disputing parties. If no agreement can be reached, then the case will proceed to trial. Using either a court of law or a specially designed alternative dispute resolution process, the parties involved can enter into legal disputes without having to go to court.

Another method of dispute resolution through the utilization of collaborative law is mediation. Mediation can take place in specialized session or through the use of specialized companies who specialize in this area of expertise. In mediation sessions, the disputing parties are brought together in order to address their issues and to arrive at a solution. Arbitration or mediation is commonly seen in healthcare settings where disputes may include billing issues, medical malpractice, contract negotiation, child custody, divorce, etc.

Disputing parties have the ability to choose whether they would prefer to have a court case or to work out a solution outside of the courtroom. Using a form of alternative dispute resolution, or ADR, may be an option when a dispute arises. No matter which method a disputing party chooses to pursue, it is important that they hire a trained professional. The last thing a litigant needs is to hire an individual that lacks knowledge or experience in these types of cases. The experienced professionals who work with these types of cases have years of experience and training to ensure they provide the best possible service.

March 1999 - February 2021