From "I'll see you in Court" to Alternate Dispute Resolution, we all have come a long way. Today, we expect to come out of a dispute with the other side also being happy and satisfied with the outcome. There are several ways to achieve this, from Arbitration and mediation to facilitation and collaborative law. But how do you know which is best for your own personal case? The answer is not always straightforward, but this article will help you decide which method is most likely to get you what you want in the long run.
If you are looking for a fast-track and cost-effective way to resolve your dispute, Arbitration might be the perfect solution. It has many benefits of Arbitration over litigation, including speedy trial, easy enforceability and confidentiality. It is a consensual process that is conducted by an independent third party (the arbitrator), who is chosen by the aggrieved parties. The award given by the arbitral tribunal is considered to be final. Arbitration can be used to resolve the following types of disputes: commercial contracts, consumer purchases, real estate transactions, employment issues, and more!
Mediation is different from Arbitration in the sense that the mediator does not give an award on his own. It is an informal process in which both parties meet with a mediator who tries to bring them to a commonly agreeable solution. Sometimes the mediator may be a judge or lawyer who has been trained in mediation techniques.
Mediation can be a good option for couples who are in the middle of a divorce but who do not want to go through court proceedings and will instead agree on their own terms without having to spend money on an attorney or litigate their case. It can also be used to resolve other types of disputes, including neighbor disputes and family disagreements. The goal here is simply to create peace between the contending parties.
Facilitation is generally used in the case of multi-member groups or parties. Here, a facilitator is a neutral third party who helps these groups in conflict to reach a mutually acceptable agreement. The facilitator does not take sides or make decisions but acts as an impartial facilitator. His role is more oriented toward finding a workable plan rather than the resolution. He helps the groups communicate effectively, understand each other's points of view, and come up with solutions that are fair for all the stakeholders.
4. Collaborative Law
Collaborative Law is a way of resolving family law disputes that prioritizes communication and cooperation between the parties. It's designed for couples who can't agree on how to split up their assets or how to share custody of their children. Some common examples of Collaborative Law's application include divorce, custody, child support, division of property, and other issues related to marriage or domestic partnerships.
In Collaborative Law, the lawyers are not adversaries; they work together with their clients as a team to find solutions that will work best for everyone involved in the case. In addition, they are expected to be willing to give up control over some aspects of their claims in order to succeed.
With these and several other dispute resolution methods, you can avoid getting into a messy legal battle. The key is to choose the right one for your case and be persistent in pursuing it. If you wish to explore more about the domain of ADR along with its international dimension, we recommend you go through our dispute resolution short courses. The courses are free to access and cover broader aspects of ADR, including the processes, systems, strategies, and best practices. You can check out the courses here: Basics of Dispute Resolution
Scottish Qualifications Authority, UK
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