What are the different methods or ways of resolving the conflicts? What are the features of various methods for dispute resolution. If you, too, are wondering to know the same, then you have landed on the right informative piece that will discuss the Legal Methods of Conflict Resolution and Their Features.
So, without wasting any further minutes, let’s dive into the following segments.
Methods For Resolving Disputes
There are different conflict resolution methods or legal ways of resolving conflict. If you are wondering to know the same, then it is the right time to delve inside the following segments one after another.
If you are curious to know about mediation vs. arbitration then the following information would act efficiently for you.
Oklahoma Bar Association states the information over the following methods for resolving the conflicts, be it negotiation, meditation, arbitration, or litigation.
Here we go!!
Negotiation
For settling the differences or disputes, negotiation is the most basic or the primary means for the people. But, what actually is it? Well, negotiations refer to the back-and-forth communication that is held between the parties that are conflicting. Moreover, the goal of the negotiation is to resolve the conflict with communication as a simple solution.
If you are thinking of the procedure of negotiation, then it is important to pen down that there is no procedure.
You can negotiate to the person directly or else can hire an attorney that will negotiate directly with the person on your behalf.
Moreover, the negotiations allow the person to participate in the decisions that are affecting him the most. The needs of both parties in the successful negotiations are considered. Hence, the negotiated agreement can then become a contract that can be enforceable.
Without wasting a single minute, let’s dive into the characteristics of the negotiation in the following information. So, here we go!!
- Confidential and private
- Unstructured and informal
- The negotiated agreements could be enforceable
- Voluntary
- Inexpensive and quick
- The parties control the process, make the decisions and create their own agreements without any third-party decision-maker.
- It can reach out to a win-win situation.
So, if you enter any conflict then follow this basic know-how as it is among the legal methods of conflict resolution.
Meditation
Let’s jump into meditation now. Well, meditation is a voluntary procedure where the mediator or the impartial person assists the communication and also boosts the cooperation between both parties. This helps them to come to a mutually acceptable agreement.
Well, mediation comes to the forefront when the negotiation fails. Also, a mediator does not make the decision and also does not force the agreement.
Here, the two parties themselves engage and become responsible for the negotiation and settlement or the agreement.
Let’s check some more information on meditation. Don’t you think the same? If so, then let’s grasp more knowledge on the same with the following details.
When both the parties are unable to negotiate themselves then they can look for the assistance of the mediator. The mediator will further help both parties to resolve the conflict by exploring other ways.
So, it is up to you either to go for the mediation with or without the lawyer. It totally depends on the type of crisis you are proceeding with.
Moreover, before finalizing the agreement, you might even consult the attorney to get the surety that the decisions are fully informed, and also the rights are protected.
Now, let’s dive into the characteristics of mediation.
- It provides the foundation for you to settle down the conflicts.
- It remains confidential and private and also avoids the disclosure of the business and personal problems in the public.
- It permits you to ignore the cost, time, stress, and uncertainty of going for the trial.
- It, too, can result in a win-win solution.
- It also encourages cooperation and communication.
- It remains informal, flexible, and voluntary.
- It can also uphold the ongoing relationships by cutting down the hostility.
- It further allows you to make mutually acceptable agreements that are designed to meet your needs.
Arbitration
It is time for the arbitration. So, the arbitration is an impartial person to whom the disputed matter is submitted for the decision.
The arbitration is considered as an out-of-court method for resolving the dispute where he will listen to both sides, control the process and make a decision.
So, like the trial, in arbitration also, only a single side will prevail. So, the appeal rights also remain limited in the arbitration.
Moreover, there are many contracts that have dispute resolution clauses that involve the disputes that originate out of the contract will be arbitrated.
Here are the characteristics of the arbitration mentioned below:
- It remains private unless the appeal is made to the court.
- It is usually faster as well as less expensive than going to court.
- You have the right to select the arbitrator with the expertise.
- The arbitrator’s award can be applied in the court.
- It can be utilized voluntarily.
- It might be less structured and formal than visiting the court.
- In this, both the parties carry the right and opportunity to make arguments and offer the evidence.
- The decision of the arbitrator might resolve the dispute and make it final.
- If nonbinding, the parties can still go for the trial.
Litigation
So, after negotiation, meditation, and arbitration, what is Litigation? Well, litigation refers to the utilization of the courts and civil justice system to conclude the legal controversies.
Therefore, it can be used for inducing the other party to participate in the solution.
If you look at the first step, then you could have begun with filing a lawsuit in the court by following some specific rules of discovery, presentation of evidence and procedure.
So, in short, if the conflicts are not resolved with any of the above-mentioned methods, i.e., negotiation, meditation, and arbitration, in that scenario, you can proceed with the procedure of litigation.
Now, let’s shed some light on the characteristics of litigation in the following information.
- It is involuntary where the defendant must have to participate.
- There are procedural safeguards where each party has the authority to make arguments, present the evidence, and cross-examine the other side.
- The decision delivered will be based on the law.
- The Right of appeal exists in the litigation method of conflict resolution
- Structured as well as the formal rules of procedure and evidence.
- The records and the public court proceedings are open.
- The decision taken could be binding and final.
- The party that loses may have to pay the cost.
Summing Up
Here comes Alternative Dispute Resolution that states any other method for resolving the dispute other than litigation.
So, if you are facing any conflict with the other party, then this piece would have come to your rescue. Just proceed with the methods given above for conflict resolution.