Types and Importance of Dispute Resolution

There are a lot of options open to us when it's all about dispute resolution. Understandably, disputants are sometimes puzzled as to which technique to use in their scenario. For these situations,  this post brings in a rundown of the basic types of dispute resolution to consider and the importance to have an effective dispute resolution procedure.

1.     Mediation

Mediation can be a brilliant method for parties to express themselves and completely understand their issues. Mediators can assist to help parties reach a lasting, voluntary, and nonbinding agreement by working with them jointly and independently. The purpose of mediation is for a neutral third party to assist disputants to come to a settlement on their own.

2.     Arbitration

An impartial third party becomes a judge in arbitration and is responsible for resolving the ongoing dispute. Arbitrators create rulings that are generally private and cannot be appealed. The parties can agree on almost any aspect of the arbitration procedure, including whether or not lawyers will be present at the hearing and what evidentiary standards will be utilized. Just like mediation, arbitration tends to be much less costly as compared to litigation.

3.     Litigation

The most common kind of dispute resolution, civil litigation generally involves a defendant facing off against a plaintiff before a judge or a judge and jury. Lawyers basically dominate litigation, which often concludes in a settlement agreement during the time of pre-trial period of discovery and preparation.

4.     Conciliation

In conciliation, the NST Member takes a more directive and advisory role, often providing opinions as to the strengths and weaknesses of the parties’ positions, and offering advice regarding possible outcomes.  Like mediation, conciliation is non-binding, and the parties have control over the outcome.

5.     Case appraisal

Case appraisal is an advisory procedure where the NST Member evaluates the facts of the matter, holds a brief hearing, offers a non-binding opinion on the facts and possible results, and specifies how the parties can achieve these objectives. Case appraisal is a non-binding process that can assist parties in resolving disputes at an early stage.

Why is it essential to have an effective dispute resolution procedure?

A competent dispute resolution method will give you the best chance of resolving your family law dispute without having to pay expensive litigation expenses. A negotiated agreement, in addition to the financial advantage, is more likely to be followed by both parties because it was agreed upon jointly. Unless there is a case where reaching an agreed-upon settlement is absolutely impossible owing to risk considerations, domestic violence, asset dissipation urgency, etc., it is always better to find an agreed-upon resolution.

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