When it comes to dispute-resolution, there are so many choices to choose from. What usually happens is that disputants are not sure what process applies to their current situation before the hire a lawyer. So if you think you need a dispute resolution lawyer, do not start hiring a lawyer without reading this article. Learn more about the different types of dispute resolution first before doing your next step.
What Is Dispute Resolution?
Dispute resolution or sometimes called Dispute Settlement is the process of finding a solution to resolve disputes between parties. Dispute resolution techniques help in the resolution of opposing citizens, governments, and corporations. The methods of dispute resolution include the following:
- Arbitration
- Collaborative Law
- Conciliation
- Facilitation
- Litigation And/Or Judicial Lawsuits
- Mediation
- Mini Trials
- Negotiation
- Ombudsmen
- Private Trials
- Trade Association ConciliationÂ
Basic Types of Dispute Resolution
If all parties have exhausted all of the possible attempts to negotiate a resolution, then they need outside helping to end this dispute. However, not knowing where to turn and what to do next before hiring a dispute resolution lawyers Melbourne, is one of the most common problems. So to start, here re the three basic types of dispute resolution that every party should consider:
- The goal here is to have a neutral party to help the disputants to come to a consensus on their own. So instead of imposing a solution for them, this mediator will work with both conflicting sides and explore their interests. This can be effective in allowing the parties to express their feelings. Mediators can work with parties together, or separately, to help them determine a resolution that is voluntary and nonbinding.
- Here, a neutral third party will serve as a judge who will be responsible to resolve the dispute between parties. The arbitrator’s job is to listen to each of their sides and gather relevant evidence. Then the arbitrator will render a binding decision. With arbitration, the disputants can negotiate any aspect of the process. This includes the lawyers who will be present and also the standards of evidence to be used. The arbitrator will be the one to come down with a decision that is confidential and usually, cannot be appealed.
- This is what everyone is most familiar with when it comes to dispute resolution. Civil litigation will usually involve a defendant who is facing off against the plaintiff. This is done before a judge or a judge and a jury. The judge or the jury here are the ones responsible to weigh the evidence in order to make a ruling. The information that is conveyed during these hearings and trials is expected to stay on the public record. During litigation, the lawyer controls the process. Usually, litigation ends up with a settlement agreement.
Disputes and conflicts between parties can cause stress and more problems in the future if it remained unresolved. Any differences or arguments that cannot be settled peacefully should be resolved as soon as possible. Sometimes you will not be able to do it on your own, or maybe the other parties are not cooperative. It takes a lawyer to help the process go smoothly. This is why you have to make sure that you find the best dispute resolution lawyer in case you need legal advice and assistance.