RESOLVING CONFLICTS AND DISPUTES
Options for Resolving Disputes: The most used or common option to resolve your trade disputes is by litigation, where trail with judge or jury decides who is wrong and who is right resulting in one party to win and other to lose. There are many options available which comes under Alternative Dispute resolution stated as Mediation, Negotiation & Arbitration.
No matter the dispute is of trade or commercial the claim involved might go up to thousands of dollars hence these processes must be considered. These processes are the most suitable ways for solving the disputes resolution and will result in fair solutions for both the parties. Negotiations and settlements have been favored in legal system. Around 95% of the cases are settled which are filed in court where the remaining cases go further for the trail. ADR processes are cost effective as well time saving as compared to litigation which is a traditional way for dealing with disputes and disagreements. In fact, there are many magistrates who suggest to consider any forms of ADR before considering trails.
Definition: it is one of the most common way for Negotiation is the most basic means of resolving the disputes. Basically It’s the repetitive conversation between disputed parties to seek a solution.
Process: One may negotiate with the other party directly or may even approach a lawyer to negotiate on his behalf. As such there is no exact way which can be followed for successful negotiation however the best is if all the parties stay calm and talk one by one giving time and listening to each other. However, process of negotiation can be done at any place board room or any company, any office or even drawing room of your home. Decision making is directly involved in negotiations. If both parties are there in negotiation than an agreement can be made & enforced, making it as a successful negotiation.
Definition: It is a process in which a neutral person(mediator) communicates and reconcile with both the parties can agree to an agreement which is mutually decided. It is also considered the next thing to do if negotiation fails.
The Process: Mediator is the person who facilitates the process of negotiation between the parties. However a mediator cannot make a decision neither force any contract himself. The involved parties are the participants as well as negotiators for the settlement.
In first mediation session the mediator will explain the basic rules & the complete process. Both the parties or their elected advocates may explain the point of view of their respected parties. Mediator may meet the parties separately if required. Meeting separately may help understand the facts as well emotion followed by buying time to get legal advice from your lawyer. Generally, the process of mediation is help at mediator’s office, which can take place at any other agreed location too.
Characteristics of Mediation:
- Promotes communication and cooperation
- Provides a basis for you to resolve disputes on your own
- Voluntary, informal and flexible
- Private and confidential, avoiding public disclosure of personal or business problems
- Can reduce hostility and preserve ongoing relationships
- Allows you to avoid the uncertainty, time, cost and stress of going to trial
- Allows you to make mutually acceptable agreements tailored to meet your needs
- Can result in a win-win solution
Definition: It is a process to include a neutral or impartial person known as Arbitrator, for decision to resolve your dispute.
The Process: Arbitration is an out-of-court dispute resolution method. The controlled of the process is the arbitrator, who will listen to both the parties and will give his decision. Where like in court, only one party will succeed. However, the right to appeal are limited.
In arbitrator’s proceedings the parties may present the documented evidence, testimony etc. In some cases, parties involved may agree to create their own process. There can be either one arbitration or panel of three. Normally arbitration hearing are held in meeting rooms or in offices.
LITIGATION (Going To Court)
Definition: The use of courts and civil justice system to resolve your disputes is called as Litigation. It is use to force the opposition to drive towards a solution.
The Process: Litigation starts by filing a case in court. The procedure must be followed while providing the evidences and presentation should be taken care of. Other party’s lawyer might take your statement to know more about the fact and figures of the case. During the process there can be many hearings and appearances and If the parties are unable to accept than the judgement of the judge and jury will take a note of how to resolve your dispute through a trial.