Dispute resolution is a process that is used in resolving a conflict, dispute or claim. With this process, you can resolve any type of dispute including family, neighbourhood, employment, business, housing, consumer, environmental disputes etc.
Mediation is a process whereby the parties involved take help from an outside party to reach a mutually agreeable settlement. Mediation can be excessively helpful in resolving disputes without destroying business relationships. However, the mediator does not have any role in deciding the outcome of the issue.
About the mediation process
A mediation session is usually a meeting where all the people gather to resolve the dispute amongst each other.
During mediation, you will generally be asked to talk directly to other people involved in the dispute. There can be separate sessions with the mediator. There will usually be breaks given to each person to reflect their views on the discussion and get advice or support if they need it.
Main Job of the mediator
The mediator has to:
- Set the guidelines and explain about how the mediation process functions
- Make sure each individual gets a chance to talk, be heard and respond to the issues as well.
- keep everyone focused on conveying and resolving the dispute
- Help people identify and communicate about what their goals and desires are and why they feel that way by asking them different questions.
- help in clarifying the issues and suggest methods of discussing the dispute
- help the people in dispute develop options and consider whether possible solutions are valid
- try to help the parties reach an appropriate agreement and ensure everyone understands that agreement
- Refer you to other helpful services if required.
The mediator will not:
- Take sides of either party; you are solely responsible for making decisions on your own.
- Tell you what you should agree to do
- Decide who is right or wrong – you will have to make a fair judgement where everyone agrees to it.
- Give you any legal or financial advice
- Provide counselling to you.
Advantages of the mediation are: –
- The dispute between the parties is settled quickly without much stress and expenditure
- The relationship between different parties can be conserved and
- Confidentiality is maintained.
Arbitration is a process where arguments and evidence are presented before an independent third party, the arbitrator, who decides. This process is particularly useful where the subject matter is highly technical, or where the parties seek greater confidentiality than in an open court.
When is arbitration satisfactory?
Arbitration Program can be helpful where mediation or conciliation have not led to an agreement. The arbitrator decides for you, which is confidential and generally cheaper and quicker than going to Court.
Things You Need To Know About The Arbitration Process:
- In this process, the people involved in dispute need to agree before the process that the arbitrator’s decision will be unbreakable and enforceable
- You must produce evidence or facts before the arbitrator.
- There may be one arbitrator or a group of arbitrators hearing your dispute
- The arbitrator may be a specialist regarding the subject matter of the dispute
- The arbitrator is the one who decides for the parties at the end.
Some benefits of arbitration are listed below:
- a) It is comparatively quicker than litigation in Court.
- b) It is affordable and more flexible for businesses.
- c) If the subject matter of the dispute is highly technical, arbitrators who are experts in the case are appointed as one cannot choose judge in litigation.
What is Litigation?
Litigation is something that people generally seek to avoid. It’s expensive, time-consuming, emotionally draining and unpredictable – until a judge or jury decides the case, you can never be sure of the consequences. Because litigation is in appropriate for most of us because alternative dispute resolution, such as arbitration and mediation, has become increasingly popular. The judge or the jury is solely responsible for considering the evidence and making a ruling. The information which is conveyed in hearings and trials usually enters the public record.
Advantages of Litigation:
- The parties involved in the dispute have a chance to learn more about their opposition.
- Parties have the right to plead to the judges’ decision and achieve a better result.
These were some of the facts about the different types of Dispute Resolution that everyone needs to know!
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