How to Resolve a Dispute?

Answer 1

Despite best laid plans and reasonable effort, sometimes a dispute between parties cannot be resolved between them. Contract reviews, negotiation meetings, and suggested compromises do nothing to eliminate the problems. When outside assistance is required, several options are available.

Impartiality of the mediator impairs the process. Types of Resolution

There are seven methods to dispute resolution:

1. Facilitation: Advisory in nature, facilitation involves a third party to ensure the parties in dispute maintain reasonable efforts to resolve a dispute. The resolution remains the responsibility of the involved parties.
2. Negotiation: The process of reaching an agreement through discussion and often compromise. The negotiation process may be strictly between the parties involved or led by an uninvolved third party or organization.
3. Conciliation: Similar to facilitation, conciliation involves determined effort to bring the disputed parties together to find commonality as a means to resolve a dispute. This process is not legally binding until or unless the parties sign a legally binding contract agreeing to the resolution reached.
4. Mediation: A third party assists in the conciliation process, sometimes offering an opinion as to fairness or on a legal issue. More structured than those above, the mediation process has a formal structure and schedule while maintaining privacy that court proceedings do not.
5. Collaborative Law: Often used in divorce, the legal collaboration is voluntary, but the participants sign a Participation Agreement prior to negotiations that legally binds them to the settlement arrangements reached by legal representatives, if any.
6. Arbitration: Leading to a legally binding decision or award, arbitration involves presenting legal issues regarding a disputed issue but is less formal than litigation.
7. Litigation: A legal action filed in civil court, litigation involves the plaintiff seeking monetary or physical item recompense against the defendant resulting from action or inaction by the defendant. A judge or a jury determines the outcome, and if the plaintiff wins, the amount of the award which may include not only civil damages but punitive damages as well.

What to Look For in a Mediator

There are several factors that must be considered and present when choosing a mediator, some of which include:

1. Impartiality: Involved parties may not be satisfied with the result, but impartiality of the mediator impairs the process.
2. Training: While anyone can act as a mediator, expert knowledge in negotiations in informal proceedings or legal training and knowledge in legally binding situations is often imperative.
3. Communication: Effectively presenting issues and willingness to consider both sides of a dispute is crucial in dispute resolution.
4. Experience: While having no direct experience in the mediation process is required, experience in legal matters and legal issues is often key in reaching a legally accurate resolution.