Dispute Resolution : Resolving And Managing Legal Disputes

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Dispute Resolution Processes: Resolving and Managing legal disputes The Spectrum of Dispute Resolution Processes It is important to understand the basic nature of dispute resolution processes and how they relate to one another. Whilst dispute resolution as a whole is complicated to define, the Spectrum of Dispute Resolution visually displays the six main processes from their ability to resolve conflict to their ability to resolve a dispute. Walking away, negotiation and mediation fall on the conflict solving side. Whist litigation and arbitration fall to the dispute solving side. Conciliation and case appraisal sit somewhere in the middle of these processes. For the purpose of discussing the advantages and disadvantages of dispute…show more content…
Only 5% of all disputes are settled in a court room, and as such every other dispute can be solved through one of the many mechanisms that the Spectrum outlines. Advantages of Dispute Resolution Processes The clearest advantage or benefit of dispute resolution processes is the structure provided to solve the underlying conflict of a dispute. This is due to the emphasis on party empowerment, mediated discussion and a supportive network of professionals willing to ensure every avenue of the conflict is resolved. Furthermore, most dispute resolution processes seek to improve communication, enhance the relationship between the parties and assist in fostering co-operation and collaboration between both parties; provided, that they are both willing to participate. Another benefit which follows on from this, is the increased satisfaction that comes from participating in crafting an agreement which both parties had a hand in from the beginning. There are many practical benefits to dispute resolution. Particularly, that there is no need to use or follow any legal standard with regards to evidence, precedent ect. Often times there is no legal solution to a dispute, but rather a need for a personal agreement between the parties over certain factors. Another benefit, is that it is generally a faster and cheaper process to conduct. Arguably this makes it more efficient for everyday citizens but also applicable to larger corporations. Most
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