Posted: Friday, 4 January 2019 @ 13:43
Dispute resolution is a process used to solve disputes between various parties and can include litigation, mediation and many forms of negotiation.
Dispute resolution generally falls into one of two categories; litigation or negotiation (or mediation). The litigation process leaves the outcome of the dispute to a judge, whilst the negotiation alternative involves parties trying to reach an agreement out of court.
Occasionally a dispute may not end in a resolution, but most do, as it is in the interests of the parties concerned that the issue is resolved, leading to closure.
The legal system plays an important role in managing disputes, and offers a structure which is in place to provide resolutions. Many people choose the professional route when they find themselves embroiled in a dispute, particularly when the threat of legal action or legal rights or wrongdoings are involved.
Litigation is when a party files suit against another party. Factual questions and evidence will become central to a litigation case in a court of law and an impartial judge/jury will decide upon the appropriate resolution. Appeals can be made after the outcome by either party and this will mean the case proceeding to a higher court.
The nature of litigation makes it adversarial, as it involves parties seeking an outcome to suit themselves and to oppose the other party concerned in the dispute.
Mediation and negotiation is often chosen as an alternative route (known as ADR: alternative dispute resolution). The parties must agree to use mediation or negotiation before or after the dispute has come to light. Because ADR is flexible in its approach and tends to lead to more amicable resolutions, it has become increasingly popular among people. It is also more cost effective than traditional litigation methods and can be carried out quickly.
Occasionally, dispute resolution can be carried out online, using new technologies between parties. This is known as ‘ODR’ and it uses the more traditional resolution methods to disputes but in an online environment.
There are many different types of disputes, requiring resolutions in a variety of methods.
Boundary disputes may typically involve a chartered surveyor to examine land boundaries between neighbours in an objective manner.
There are also a number of rural disputes, concerning agricultural tenancies and leases, and these can become quite complicated, requiring dispute resolutions and involving highly trained chartered surveyors who understand all the problems that can arise.
Construction disputes are common, as the construction industry is viewed as being claims oriented and therefore a breeding ground for conflict among parties.
Whatever the nature of the dispute may be, the focus should always be on resolving it in a quick and economical manner with the least risk involved as possible.
Expert dispute resolution teams aim to help individuals and businesses understand all the options before proceeding and to guide them through the best strategy for them.
Court action may not be appropriate, and therefore mediation will be an option offered in some cases of dispute resolution for claimants.