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Dispute Resolution

Dispute Resolution

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devilnish
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6 views9 pages

Dispute Resolution

Dispute Resolution

Uploaded by

devilnish
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
Download as pptx, pdf, or txt
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DISPUTE RESOLUTION

Introduction
• Dispute resolution or dispute settlement is the process of resolving
disputes/disagreements between parties.
• Dispute resolution techniques assist the resolution of antagonisms
between parties that can include individuals, companies, and
governments.
• Party Directed Process or Third Party Decider
• 3 basic techniques
1.Mediation
• The goal of mediation is for a neutral third party to help disputants
come to a consensus on their own.
• Rather than imposing a solution, a professional mediator works with
the conflicting sides to explore the interests underlying their
positions.
• Mediation can be effective at allowing parties to vent their feelings
and fully explore their grievances.
• Working with parties together and sometimes separately, mediators
can try to help them hammer out a resolution that is sustainable,
voluntary, and nonbinding.
1.1 Process of mediation
• Expands conversation
• Focuses on interests
• Identifies common interests
• Results in mutually satisfactory solutions
• Maintains control of outcomes
• Documents results in writing; signed by parties involved
1.2 Benefits of Mediation
• Defines and facilitates mutual agreement for dispute resolution
process
• Saves time and anguish
• Enables parties to maintain control of outcomes
• Maintains relationships
• Results are in writing and requires agreement by parties involved
• Reduces court cases and related costs
2. Arbitration
• In arbitration, a neutral third party serves as a judge who is
responsible for resolving the dispute.
• The arbitrator listens as each side argues its case and presents
relevant evidence, then renders a binding decision.
• The disputants can negotiate virtually any aspect of the arbitration
process, including whether lawyers will be present at the time and
which standards of evidence will be used.
• Like mediation, arbitration tends to be much less expensive than
litigation.
• Not a final decision.
3. Litigation
• The most familiar type of dispute resolution, typically involves a
defendant facing off against a plaintiff before either a judge or a judge
and jury.
• The judge or the jury is responsible for weighing the evidence and
making a ruling. The information conveyed in hearings and trials
usually enters, and stays on the public record.
• Lawyers typically dominate litigation, which often ends in a
settlement agreement during the pretrial period of discovery and
preparation.
Trends
• Costs of litigation are increasing
• Legal expertise is in demand, expensive and access is limited
• Judges are referring cases to mediation
• 10% or less of lawsuits filed are actually resolved by a judge or jury
verdict
• Even when “you know you’re RIGHT,” Alternative Dispute Resolution
still proves beneficial
• Beneficial for value-based relationships

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