Dispute Resolution – A quick Guide
In this article, you’ll find a quick guide to Dispute Resolution, including what Dispute Resolution is, why it’s important, and how you can handle the situation effectively.
Dispute Resolution is a way of resolving disputes between two or more parties using various solutions. Dispute Resolution can be solved by negotiation, alternative dispute resolution, mediation, or by going through the courts. The term “Dispute Resolution” may also be used interchangeably with “Conflict Resolution”, where conflict styles can be used for different and more varied scenarios.
Dispute Resolution procedures fall into two major categories:
- Adjudicative processes: litigation or arbitration, in which a judge, jury or arbitrator determines the outcome.
- Consensual processes: collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.
Not all disputes, even those in where skilled intervention occurs, end in resolution. Such intractable disputes form a special area in dispute resolution studies. These intractable disputes are usually disputes that are regarded as complex, severe, commonly enduring, and violent. When a group’s identity is threatened, intractable conflict is almost inevitable. Protracted social conflict denotes hostile interactions between communal groups that are based in deep-seated hatreds, that persist over long periods of time with sporadic outbreaks of violence.
Dispute resolution is an important requirement in international trade.
Alternative Dispute Resolution and Dispute Resolution Mediation are a process that can be started by anyone involved in the dispute. It can be suggested by either party, or by their solicitors, and should take place before the disputation proceeds to court. It’s a voluntary process, and is often much cheaper and quicker than escalating a dispute to court. All parties of the dispute are involved, and a Mediator will assist them in reaching a practical and constructive solution to their issues.
The Mediator will not choose sides, or give guidance to any of the involved parties, but they will assist in the clarification of the issues that arise during the dispute’s process.
There are several other benefits to Mediation. Mediation can be used to help each party reduce tension and hostility; situations can become highly emotional, and one or two people in a party becoming aggressive or unreasonable can have a domino effect on the rest of the people involved. Mediators can make decisions on an informed basis; they hear all sides of a situation, and are there to make clear-headed decisions, because of this, their solutions can be specific to the particular requirements of any group. Mediators have great communication skills, they are there to cooperate with all parties while exploring the options of the outcome. They can also help resolve financial matters, and save the legal costs that would come with a situation that would otherwise end in court.
JWK Solicitors can help you with a range of different Dispute Resolution cases. These include construct and consumer claims, personal injury, debt collection, landlord and tenant disputes, and claims against the police, among several others. They provide advice about court proceedings, and keep you informed of any accrued costs.