Dispute resolution refers to various processes used to resolve a conflict, dispute, or claim and is an alternative to having a court decide the resolution of a case or contract. Many people opt for dispute resolution because they are cheaper and faster than traditional legal processes and are less formal. They have flexible rules and give the parties involved more room for participation and control.

Not all dispute resolution processes require an attorney, but a law firm uk may accompany their clients as an advocate or counsellor. They may also dispel legal advice UK to help their client with dispute resolution processes.

There are a number of methods of dispute resolution and this is a breakdown of the main types.

Mediation

In some instances, dispute resolutionuses a neutral third party to discuss and resolve a dispute. This method of dispute resolution is called mediation. Contract dispute solicitors explain that mediation gives the parties involved the opportunity to describe the issues, discuss interests, and provide information to resolve the dispute.

However, the mediator does not have the power to make a decision regarding the dispute and can only help the parties find a resolution they both agree to. There are different ways in which this can be done and most mediations start with a joint session with the involved parties.

https://www.legalliaise.com/The corporate legal service providers or mediators will describe the process of mediation and dispute resolution to them and establish ground rules as well as an agenda. The parties may then make opening statements.

Some mediators opt for joint sessions throughout while others conduct separate sessions. If an agreement is reached by the parties, contract dispute solicitors may prepare a written contract which includes the agreement reached by the parties.

Arbitration

Arbitration is a dispute resolution process that has certain similarities to mediation, in the sense that a neutral third party is responsible for resolving a dispute between parties. However, unlike in mediation, arbitration gives this third party the authority to make a decision about the dispute.

In arbitration, the parties make an opening statement and present relevant evidence to support their statements. The arbitrator listens to all parties and gives a decision that is usually confidential and cannot be appealed.

An arbitrator’s decision can be binding. Despite this, arbitration takes less time and is usually less expensive than traditional legal processes. This is why a corporate solicitor may advice a client to opt for dispute resolution methods like arbitration.

Litigation

Law firm UK usually also looks at litigation as a method of dispute resolution and this is what most people are familiar with. This is a process of handling a dispute in the court system and the defendant will typically face the plaintiff before a judge or a judge and jury. Contract dispute solicitors and other legal practitioners play an important role in this method of dispute resolution.

Before a final decision is reached, a series of hearings may take place and temporary orders may be given. A settlement may also take place between the parties, resulting in the judge not having to give a final decision after a trial with witnesses.

Conciliation

A method of dispute resolution, conciliation is a process managed by a conciliator, a role somewhat similar to that of a mediator. The main difference is that a conciliator can suggest resolutions to the dispute.

A solicitor UK will advise clients looking at conciliation of the main principles of the process, which are voluntariness, impartiality, confidentiality, and good faith. Voluntariness is where the parties have the right to withdraw from the dispute resolution process at any time. Confidentiality means that the conciliator is a natural third party and confidentiality ensures that only the conciliator and the parties involved in the dispute have access to the information shared by the parties during the process.

Good faith is a principle that ensures the information given by the parties is reliable so that a real solution to the dispute can be reached.

These are the methods of dispute resolution a corporate solicitor may suggest to a client when providing legal advice UK.

Published date - May 14, 2020