What You Need to Know about Dispute Resolution

To clarify on the term dispute resolution; Dispute resolution is the process of resolving disputes between parties; these parties could be two or more. The are three basic types of dispute resolution:

·         Mediation

·         Arbitration

·         Litigation

In the US the definition is slightly different but points ultimately at the same resolution types.

1. Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome.
2. Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.

Here we will simplify and explain the three basic types most common in dispute resolution Dubai:

Mediation

Here a neutral third party is tasked with the goal of mediation to help disputants come to consensus on their own. The mediator or mediators works with both or more conflict sides to explore the interests underlying their positions rather than imposing a solution.

This form or dispute resolution allows all parties to  “vent” their emotions and fully explore their grievances. This is in a lot of cases effective as the mediator works separately and together to come to a legal dispute resolution, which is voluntary, sustainable and nonbinding.

This form of dispute resolution is less costly for all parties.

Arbitration

Here a neutral third party serves as a judge who is responsible for resolving the dispute. This third party is called an arbitrator. The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present or a dispute resolution service will be obtained and which standards of evidence will be used.

The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.

Arbitrators hand down decisions that are usually confidential and that cannot be appealed.

Like mediation, arbitration tends to be much less expensive than litigation.

Litigation

This is the most televised type of dispute resolution and it is maybe therefore the most familiar type of dispute resolution, civil litigation 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. Information conveyed in hearings and trials usually enters the public record.

Lawyers typically dominate litigation, which often ends in a settlement agreement during the pretrial period of discovery and preparation. Among these three dispute resolution types litigation is the most costly version.