17Jun

Dispute Resolution – What’s it All About?

Not every dispute needs to go to court, and not every dispute needs to be settled by an official judge. Instead, there are three main channels that can be used, depending on the nature of the problem and the attitudes of the people involved.

If you want to know more about the different types of dispute resolutions, here is a quick breakdown.

Take notice that they are discussed within a specific order, seeing as it’s usually better to settle the dispute without having to involve lawyers and judges in the matter.

Mediation

The first option should usually be mediation. Why? Because it doesn’t really involve any legal counsel. Instead, the two parties will come together and choose a neutral third party (mediator).

It’s the job of the mediator to maintain fairness, but also to guide the people involved in the dispute towards a solution. In other words, the mediator helps everyone to compromise until both parties are happy.

Even though this is the best way to handle a dispute, it requires a level of communication and understanding between the two parties. If these elements are not present, the second dispute resolution needs to be looked at.

Arbitration

With arbitration, the matter gets a little more serious, and there is no question that both parties are relatively hostile towards each other.

Through this channel of dispute resolution, an arbitrator needs to be assigned. Once again, it has to be a neutral third party, but this time, they are not going to help in finding a solution.

Instead, the arbitrator listens to both cases, much like a judge listens to lawyers in court, and makes a binding decision at the end. As expected, both parties have to accept the ruling of the arbitrator.

However, if the two parties can’t settle on a fair arbitrator, they need to take it to the next level, which is litigation.

Litigation

When all the above-mentioned channels are not considered an option, there is no choice but to go to court. In other words, you are going to have to spend some big money if you want a final solution to the dispute.

Of course, it can happen that you reach an agreement before the case goes to court, but this isn’t something you can bet on with surety. And when the case does go to court, you might end up paying the legal fees for the other party.

When To Call A Lawyer?

During mediations, solicitors aren’t typically involved. Only in special circumstances will legal professionals such as Swindon solicitors on WordPress.com be called in to help.

However, during arbitration, the proceedings are going to follow the same structure as a court would. This means you want someone with experience and knowledge of the law to be by your side.

In fact, the only time you should consider not hiring a lawyer is during a mediation process. For everything else, schedule a few consultations and get to know your options. The last thing you want is to walk into a dispute without being fully prepared.