Dispute resolution is a means of resolving disagreements without going to a trial. It is a great first step in attempting to reach an agreement about different kinds of problems, including disputes:
- Between separating couples
- Between neighbors
- Between tenants and landlords
- In your workplace
- About product and services.
Dispute resolution (also referred to as ‘alternative dispute resolution’) involves the people who are in dispute referring to the issue and comes with an agreement about how to solve it. You may work out an answer by yourselves or ask for help from an impartial person (a person who is certainly not mixed up in dispute), such as a mediator or dispute resolution lawyers Melbourne.
Dispute resolution is usually quicker and less expensive than going to a trial. Sometimes a court will require you to try to reach an agreement using dispute resolution before it’s going to hear your case. For example, in some civil cases brought before a Magistrates’ Court or in family disputes for the custody of the child.
Different Types of Dispute Resolution
- Negotiation – It involves people in dispute communicating directly, either by speaking or perhaps in writing, to attempt to reach an agreement. Generally speaking, it’s a beneficial step for some kinds of disputes.
- Mediation – It occurs when an impartial person (a mediator) helps an individual to negotiate with each other to eliminate their dispute. It can be used when an individual has solid conflicts with each other.
- Facilitation – A little like mediation but it is more useful for groups that are involved in a conflict, such as in planning matters or corporate disputes. Facilitation can be utilized as a forum for different points of view to be discussed and considered to reach an agreement. It is usually led by an impartial person (a facilitator).
- Conciliation – It is an activity in which the people in dispute makes an effort to reach an agreement using the assistance and advice of an impartial person (a conciliator). The conciliator usually has broad experience with the problem in dispute and will advise the parties of their rights and obligations. Conciliation can be utilized for disputes in which you need to certainly uphold your rights, or need advice about your rights and responsibilities, such for example in equal opportunity disputes.
- Arbitration – It is an official process in which the people in a dispute present their case to an unbiased third person (the arbitrator), and tend to be limited by that individual’s decision. Parties in dispute may agree to arbitration (usually, as a phrase of the contract before any dispute arises) but sometimes, one individual applies and also the other individual is needed to participate. The arbitration may also be used when other methods of dispute resolution haven’t worked, but it is most frequently utilized in situations like contractual disputes between businesses or industrial or corporate relations disputes.
Except for arbitration, people are taking part in dispute resolution to create their particular agreement. Mediators, facilitators, and conciliators will give information and advice to the client but do not impose a choice about how the dispute ought to be resolved as part of their Legal Services.