Dispute Resolution : Resolving And Managing Legal Disputes

In the event of a dispute that cannot be settled between parties there are statutory dispute resolution procedures.

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

Conflict resolution is necessary to keep focus and sustain the positive process. Collection of all the facts should be done prior to attempted resolution. Communication to the parties in a private setting to get their perspective is the idea. Only give opinions afterwards. Unless all is understood one cannot move onto mediation. After making the decision, be resolute in the delivery. (Lewicki, Saunders, & Barry, 2015)

Dispute always happen when several parties are not able to agree on a common ground. Thus, there are several ways in resolving the dispute such as negotiation, mediation, arbitration or adjudication. The comparison on the procedure of dispute settlement was done under NEC and PSSCOC.

Mediation involves a third party mediator to resolve the dispute. The third party mediator is unbiased and uninterested. This individual usually is a trained professional in mediation and is aware of legal principles that may affect the case. Arbitration is a form of ADR that utilizes a third party decision maker to resolve a dispute; this individual is considered an arbitrator. Advantages of arbitration are the use of decision makers that have expertise in the subject matter. This can help prevent ill decisions by the use of a jury and ensure that the case is being reviewed by a knowledgeable professional. Another advantage of using arbitration is that the resolution both parties lose control of the resolution process. This portrays an act of fairness that can be lost in litigation. In addition, the low costs and privacy involved with using an arbitrator to settle a dispute will save both parties money and prevent the public from seeking information on the topic; thus potentially avoiding negative reception from the public once the settle is complete. The end goal of the parties involved in an alternative dispute resolution is that a settlement is agreed upon. A Settlement involves two parties in a legal dispute that work out their differences and enter into an agreement to resolve the situation. Depending on the circumstances, an agreement could involve monetary reward or simply an

More formal dispute resolution solutions are also available, including mediation. With mediation, a neutral third party works with the injured party and the defendant to reach a negotiated settlement.

Beyond negotiation and mediation, there are a number of approaches that decrease the personal control the people involved have over the dispute outcome, increase the involvement of external decision makers, and rely increasingly on win-lose and either-or decision-making techniques. These approaches can be divided into public and private, and legal and extralegal.

A more reasonable suggestion would be to use another dispute resolution method that is administered by the company itself.

The advantages of arbitration are many, these have been highlighted by the ICC (International Chamber of Commerce)

This Rules changed the facet of Alternative Dispute Resolution(ADR) by increasingly promoting its usage and influence with its famous overriding objective that directed courts to deal with cases justly by active management, in conjunction with parties’ duty to help the court in achieving its objective. Some of the Rules the English Courts considered in mediation cases mentioned in this work include

Disputes can be defined as a certain class of conflicts which can manifest in various judicial issues. A dispute involves the disagreement over certain issues which can be resolved through negotiation, mediation or a number of other dispute resolution methods involved a completely neutral third party. The differences in the dispute can be objectively examined by the parties in the case of a negotiation or can be viewed by a neutral party in the case of other methods. The neutral will then take a view on the issues at hand and can assess the correctness of one party or another. An actual dispute will not exist until a claim is asserted by one party over another, which in turn the other party disputes. Very often a contract will stipulate the preferred method of resolving a dispute which must be followed. However, if no dispute exists and one party would like to enforce a contractual aspect on the other party this can be done through the courts. But if a dispute exists then specified

Within the first part of my essay alternative dispute resolution (ADR) will be examined. I will have a critical look at the key types as well as their usefulness in fulfilling the objective of access to justice.

There are five main processes by which disputes may be resolved by parties other than litigation.These processes are:

Looking at the procedure’s that are in place for dispute resolutions, whether from the United Nations, or Arbitration Tribunals, I find there is a question of whether they are enough to settle disputes between two

Disputes generally, whether family disputes, communal disputes or commercial disputes encountered in the market place are unavoidable occurrences in our daily lives. As a result of this, various dispute resolution methods such as litigation, negotiation, mediation, arbitration and conciliation, amongst others have evolved over time to combat these disputes.