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Everything About Dispute Resolution

Posted by Kamarul Azman on

What is Dispute Resolution?

Dispute resolution touches on all processes that are used to describe disputes. Dispute Resolution includes all resolution methods and approaches from early resolution through to formal tribunal or court processes. Disputes can occur among individuals, companies and governmental agencies. Once a dispute arises, there will be several options that the parties involved can use to resolve the dispute. They may try to resolve it among themselves on their own, agree to use the third party to help them, use a process provided by the government or use a process provided by the private sector. 

Dispute Resolution

Why is Dispute Resolution Important?

The downside of disputes is that disputes are damaging, expensive, and time-consuming. Due to these negative effects, disputes affect individuals, communities, organisations, government, and the economy. Therefore, it is better to prevent disputes and resolve disputes as soon as possible. The government carries out a number of functions in the resolution of disputes such as providing ways for people to raise their issues, setting the rules, collecting information on dispute resolution approaches and outcomes and providing complaints and dispute resolution services. 

What are the Three Basic Types of Dispute Resolution? 

There are three basic types of dispute resolutions that are commonly practised. The three basic types of dispute resolutions are mediation, arbitration and litigation. 

Dispute Resolution

Mediation Dispute Resolution Method

The optimal objective of mediation is to provide help to the disputants to come to a consensus on their own with the assistance of a neutral third party. A professional mediator works with the conflicting sides to explore the interests underlying their positions instead of imposing a solution. The parties are able to vent their feelings and fully explore their grievances with the help of mediation. Mediators can try to help them hammer out a resolution that is sustainable, voluntary, and nonbinding by working with the parties together or occasionally separately. 

Arbitration Dispute Resolution Method

As compared to the mediation method, in arbitration a neutral third party who is responsible for resolving the dispute serves as a judge. The arbitrator presents relevant evidence and then renders a binding decision once listening to the arguments on each side. The decisions handed down cannot be appealed and are confidential. The matter of whether lawyers will be present at the time and which standards of evidence will be used can be negotiated virtually by the disputants. 

Dispute Resolution

Litigation Dispute Resolution Method

Litigation dispute resolution is the most common type of dispute resolution. Civil litigation usually involves a defendant facing off against a plaintiff before either a judge or a judge and jury. The responsibility of weighing the evidence and making a ruling is carried out by the judge or jury. The information that is conveyed in the hearings and trials enters and stays on the public record. Litigation often ends in a settlement agreement during the pretrial period of discovery and preparation since it is common that lawyers to dominate. For more information, click here

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