Dispute Resolution
Global Dispute Resolution Law Services
Dispute Resolution Law pertains to the various methods that parties can use to resolve disputes outside of traditional court litigation. This area of law is critical as it offers alternative mechanisms that can be more efficient, cost-effective, and amicable, depending on the nature and complexity of the dispute.
Primarily, there are two categories of dispute resolution: adjudicative, which includes litigation and arbitration, and consensual, which includes mediation and negotiation. Litigation is a formal court-based process, whilst arbitration involves an independent third party making a binding decision. On the other hand, mediation and negotiation are more collaborative approaches, focusing on finding a mutually agreeable solution.
Dispute resolution law outlines the procedural rules for these methods, including how a mediator or arbitrator is appointed, how proceedings are conducted, and how decisions are enforced. It also emphasises confidentiality, impartiality, and fairness.
Ultimately, the goal of dispute resolution law is to provide parties with a flexible and accessible means to resolve their disputes, thus maintaining relationships, preserving confidentiality, and reducing the strain on court resources.
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Arbitration
This is a formal process where a neutral third party (an arbitrator) is appointed by the disputing parties to make a decision (award) that is legally binding.
Mediation
In mediation, a neutral third party (a mediator) facilitates a discussion between the disputing parties to help them reach a voluntary agreement. The mediator does not make a decision but assists the parties in communication and negotiation.
Negotiation
This is a dialogue between two or more parties with the intention to reach a mutually beneficial outcome or compromise.
Conciliation
This is a process similar to mediation, but the conciliator may play a more active role in proposing solutions to the dispute.
Expert Determination
This is a process in which an independent expert in the subject matter of the dispute is appointed to resolve it. The expert’s decision is legally binding, unless the parties have agreed otherwise.
Adjudication
This is a statutory or contractual procedure for swift interim dispute resolution. It is provided by a third party adjudicator selected by the parties involved in the dispute.
Litigation
This involves taking a dispute to court. It is a traditional method of dispute resolution and is usually the last resort when all other methods fail.
Alternative Dispute Resolution (ADR)
This is an umbrella term for processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve the issues between them.
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