When you find yourself in a dispute, it can be difficult to determine which means of resolution is best suited to you and your situation. You may find yourself in partnership disputes, commercial litigations, matrimonial disputes, boundary disputes, or non-financial disputes. All of the above can be confusing and overwhelming, and knowing where to turn can be tricky. So, what types of dispute resolution are available, and which one is best suited to you?
1. Pre-action Discussions & Without Prejudice Discussions
Pre-action discussions involve the parties meeting or having a series of meetings, either with or without legal representation. This allows them to discuss their issues and attempt to resolve the dispute before further action is necessary.
2. Mediation
Mediation services offer an impartial third-party entity that meets with the disputants in order to identify their issues, explore possible options and clarify their goals. They assist the parties in reaching a mutually acceptable agreement through face-to-face meetings and avoiding legal representation. The mediator will not impose any solutions but rather explore the interests of the conflicting sides. Therefore, mediation is an effective tool for those who wish to vent their feelings and explore their grievances in depth. Parties can choose whether they want to work with the mediator together or separately, depending on the needs of the disputants. Additionally, mediation may provide parties with the opportunity to agree on terms that a court or arbitrator would not be able to facilitate.
3. Arbitration
Arbitration services involve a neutral third party serving as a judge, who is held responsible for resolving the dispute. During the arbitration, each party pleads their case with relevant evidence, the arbitrator then declares a binding decision. The disputants can negotiate whether lawyers will be present and which standards of evidence will be used. Ultimately, they have a greater influence over the process without a court imposing deadlines and penalties. However, the arbitrator will hand down decisions that are confidential and cannot be appealed. Once the arbitration hearing is over, the arbitrator provides one of two awards: “the “reasoned award” or the “bare bones award”. The “reasoned award” is the instance wherein the arbitrator provides an explanation as to why they reached their decision. The “bare bones award” is a declared decision with no formal explanation.
4. Litigation
Civil litigation involves a defendant facing off against a plaintiff before either a judge or a judge and jury. Both the judge and jury are responsible for evaluating the evidence before making a ruling. The information of these hearings and trials remains on the public record. Litigations are often dominated by lawyers and typically end in a settlement agreement during the pretrial period of discovery and preparation.
Conclusion
If you do find yourself in a dispute, it is vitally important to familiarise yourself with your options and to understand which method would be best suited to your situation. It is also important to consider finances, as litigation can be extremely expensive and may not necessarily result in your desired outcome. Furthermore, litigation does not allow for as much control over your case as other potential options. Similarly, though, if you are unfamiliar with the legal process, it may be beneficial to allow a professional to take charge. Each dispute is unique and will require different circumstances and different levels of legal expertise. Some companies will also offer free consultations wherein you can discuss your options with a professional, and they will be able to inform you of your options and guide you towards the most suitable one. It is imperative not to rush and to ensure that you are in the most secure position possible.
