Dispute resolution and litigation

Dispute resolution which is otherwise referred to as dispute settlement is the process of settling the difference of opinion or Interest or claim.

How to choose the best dispute resolution process

 When it comes to dispute resolution, we have a variety of choices. Understandably, disputants are frequently perplexed about which process to use in their situation. Major three basic types of dispute resolution to consider

1.Mediation

The objective 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 possible outcomes with the perception of a trial. Thus concluding the benefit of mutually settling the dispute.

2.Negotiation

Negotiation is the least formal type of ADR. The goal of negotiation is to help parties to come to a consensus on their own, parties can involve a neutral third party in to their negotiation to help facilitate an agreement. The outcome of the negotiation is usually not binding; however, parties can initiate litigation to resolve their dispute and get an enforceable judgment

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

4.Litigation

The most familiar type of dispute resolution, civil litigation typically involves a defendant facing off against a plaintiff before a judge.

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 pre-trial period of discovery and preparation.