Resolving Disputes and the Law

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by: BTLewis
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Date: Fri, 20 Jan 2012 Time: 8:20 PM
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Disputes can appear in a wide range of situations. Whether it's in law, politics, business, education, healthcare or any other sphere of life, it is inevitable that disputes will erupt between two individuals or parties over conflicting opinions or interests, and no amount of talk and deliberation will lead to a reasonable and satisfactory conclusion that will leave both parties gratified.

Dispute resolution is the main method of resolving feuds and disagreements between two or more parties who can't find any other appropriate manner to come to a likeminded and agreeable understanding.

It is not uncommon for the law to be called upon to resolve disputes, and the established routes for resolving disputes in a legal sense include litigation, arbitration, collaborative law, mediation, conciliation and negotiation.

Litigation
Litigation involves one party bringing a lawsuit against another in order to convince a judge that they have suffered damages as a result of the other party's actions. The lawsuit requires that a legal and equitable solution be found that ends the dispute. An experienced solicitor is recommended in the event a lawsuit is filed.
Litigation can be a costly and time consuming affair and should not be undertaken arbitrarily. It is the course of action that is usually taken when all other avenues have been exhausted.

Arbitration
Arbitration is another legal technique that can be used to resolve disputes. It relies on both parties selecting and agreeing upon a person who acts as an impartial referee, and is commonly used to resolve disputes in industrial environments, such as those between labour and management at a factory.

It is not uncommon for the management of a company to offer arbitration to resolve difficult confrontations with unions. The impartial referee is like a judge, but one that is associated with out of court settlements. Despite not taking place in a courtroom, the referee makes a decision that is legally binding.

Collaborative law
Collaborative law is also known as collaborative practice, which deals predominantly with separating couples and family conflicts. For example, collaborative law is called upon when couples wish to divorce in as amicable a manner as possible. It is used in order to resolve disputes and achieve a settlement that is fair and beneficial to both parties without being forced into the complicated, expensive and prolonged world of litigation. This is especially the case if the couple have children.

Mediation
Mediation is another form of alternative dispute resolution which involves a third party, who sits in on disputes of two or more parties and helps to facilitate a fair compromise that leaves all the disputing parties satisfied. A number of techniques can be used by mediators and their impartiality is key to resolving the matter at hand. While not always necessarily friendly, it is more informal than arbitration and litigation, but is nonetheless a useful way to resolve conflicts.

Conciliation
Conciliation is usually called upon when two or more opposing parties use a third party as a go-between who, by acting as a relay between the two parties, deals with each separately in order to resolve a disruptive issue. This can be seen as another form of mediation whereby the two or more opposing parties do not actually meet with each other to dispute conflicts.

Negotiation
Negotiation, in a legal sense, applies to when two opposing parties continually discuss the matter of their dispute until a fair and reasonable compromise or solution is found that is satisfactory to both parties.

Choose Your Dispute Resolution Method Carefully
Resolving disputes can be a problematic, time-consuming and often troublesome affair that, if prolonged, can cause huge amounts of undue stress to each party, who both hope for their respective wishes to be satisfied and resolved in a fair manner.
Pushing for litigation is not always the best choice (although in some cases it can be the only choice) and it is worth considering and any of the other less expensive and complex forms of dispute resolution to avoid things getting ugly.

About the Author

Bryan Lewis is a jack of all legal trades, who has written a fair bit about the law in his time. He has contributed to a number of different legal sites, including legal information on consumer complaints and dispute resolution solicitors.