How does Dispute resolution works?
Dispute resolution refers to the process of resolving conflicts, disputes, or disagreements between two or more parties. There are several methods of dispute resolution, each with its own processes and procedures. Here are some commonly used methods:
Negotiation: This is an informal method where the parties involved try to reach a mutually agreeable solution through direct communication. It can be done directly between the parties or with the assistance of a neutral third party.
Mediation: Mediation involves the assistance of a neutral third party, known as a mediator, who helps facilitate communication and negotiation between the parties. The mediator does not impose a decision but assists the parties in reaching their own mutually acceptable resolution.
Arbitration: Arbitration is a more formal process where the parties present their case to one or more arbitrators who act as private judges. The arbitrator’s decision, known as an award, is usually binding and enforceable.
Litigation: Litigation is the process of resolving disputes through the court system. It involves presenting the case before a judge or jury, who make a legally binding decision based on the presented evidence and applicable laws.
Collaborative law: In collaborative law, each party is represented by their own attorney, and the parties agree to work together to find a resolution without going to court. This method emphasizes cooperation and finding mutually beneficial solutions.
Online dispute resolution (ODR): ODR involves resolving disputes using online platforms and technology. It can encompass various methods such as negotiation, mediation, or arbitration conducted electronically.
The choice of dispute resolution method depends on factors such as the nature and complexity of the dispute, the desired outcome, the relationship between the parties, and the available resources. It’s important to note that different countries and legal systems may have specific rules and procedures for dispute resolution, so it’s essential to consider the relevant jurisdiction’s laws and regulations.
Shervan K Shahhian
LIBERTY PSYCHOLOGICAL ASSOCIATION 