Dispute resolution is the process by which conflicting parties attempt to resolve their differences and come to a mutually agreed-upon solution. This solution may involve mediation, arbitration, or other forms of alternative dispute resolution (ADR) such as negotiation or collaboration.
What Types of Disputes Can Be Resolved?
Disputes can include anything from business, marital, or family conflicts to lawsuits involving corporations, individuals, or government entities. While the majority of disputes are settled without resorting to court action, an increasing number of cases are being resolved through some type of ADR. This includes court-ordered mediation, collaborative law, and private mediation.
What Are the Advantages of Dispute Resolution?
Dispute resolution has several advantages over traditional litigation.
- It is often faster, less expensive, and more confidential than litigation.
- The parties are more likely to maintain control over the outcome and agreement reached.
- The parties remain in control of the process, so settlement is often achieved in a reasonable amount of time.
- The parties are more likely to be satisfied with the outcome, as is often the case when cooperative problem solving is utilized.
How Does One Begin a Dispute Resolution Process?
The first step in the dispute resolution process is to consult with an experienced dispute resolution professional. Depending on the nature of the dispute, a lawyer specializing in mediation, arbitration, or other forms of dispute resolution can provide assistance and guidance in reaching a resolution. This professional can identify and address issues that may stand in the way of the parties reaching an agreement. The parties can then develop an action plan for obtaining the desired resolution.
Conclusion
Dispute resolution is an effective tool for resolving conflicts between parties. A qualified dispute resolution professional can provide valuable assistance in navigating the process and reaching a mutually agreed-upon solution. With the growing popularity of ADR, disputes are increasingly being handled outside of the courtroom and resolved in a timely and efficient manner.