Disputes are a part of life – be it as family mediators or married or at the workplace. While ensuring equality and promoting justice is vital, choosing the most appropriate process is significant. Resolving disputes entails several methods that apply to decisions outside of the court. Knowing what alternatives exist to start with gives you the power to pick the best option for your current case.
Common Dispute Resolution Methods
Here are some of the most common dispute resolution methods:
Negotiation
A problem is being addressed through the most basic form of communication among the related personnel. The objective is to arrive at a result agreeable to the two sides. If the negotiations are constructive, a neutral party can be a facilitator.
Mediation
Having a voice for the non-biased third-party moderator directs the conversation from the ones siding with each other, enabling communication and offering several problem-solving alternatives. Mediators are not agents of only one conflicting party, providing a unique stance in conflict mediation and empowering all the parties to reach an agreement on their own.
Arbitration
In arbitration, a neutral third party (arbitrator) hears the parties’ arguments and makes a binding decision, which is unavoidable if both sides want to comply with the judgment.
Choosing the Right Method
The best dispute resolution method depends on several factors, including:
The Complexity of the Dispute
Here, negotiation or mediation may also be the approach that can be used for more minor discords.
Desired Outcome
Speedy Decision Arbitration was chosen as a priority if it was a priority. If saving the relationship is relevant, discussion or mediation can be an effective mechanism.
Costs Involved
In terms of the costs, they are different per method. Negotiations typically represent the least expensive type of dispute, whereas arbitration, as a rule, may also be considered costly.
Benefits of Dispute Resolution
Choosing dispute resolution methods over litigation offers several advantages:
- Cost-Effectiveness
- Confidentiality
- Control Over the Process
- Preserving Relationships
Beyond Dispute Resolution
While mediation/ dispute resolution brings forth many merits as an avenue for conflict resolution, it is essential to be aware of its inherent drawbacks. In case of a significant commercial dispute involving severe financial interests, you need the help and expertise of a commercial attorney. The commercial use of attorneys is all about business law. They can tackle various problems during commercial contracts, intellectual property rights, and legal areas of commercial disagreements.
Conclusion
Dispute resolution methods provide various cost- and time-saving options compared to the usual protracted court battles. By learning the ways out and their aspects, you will have all the information you need to decide about conflict resolution in an informed manner. The main advantage of the method chosen for resolving disputes is that it can lead to a shorter period with reduced cost, but the agreement is also more favourable than the others. What factors you choose to resolve your disputes depends on factors such as the relationship between parties, the nature of the dispute, the budget, and the time required to fix it.