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The Types of Dispute Resolution Procedures Explained
1. The Types of Dispute Resolution Procedures Explained
Dispute Resolution Procedures refer to the different processes or methods used to resolve conflicts and misunderstandings among individuals or groups that involve a legal matter. It should not be confused to impose criminal sanctions because it involves more of a civil wrong. Rather, it imposes a sum for monetary damages, a specific performance or a combination of the two.
There are many cases that call for one. To name some we have a common issue between employee and employer for illegal termination. Another is between landlord and tenant where the latter has brought the property to a state of disrepair thus violating the terms of the lease. There are many more examples but it will take us all day to mention all of them.
The parties involved will have to be put into agreement through taking one of the dispute resolution procedures available. These are then subdivided into two processes all depending on who has the power to make the final decision to put everyone in agreement. It could be the disputing parties themselves or an independent and unbiased third party.
The first one where the disparity is attempted to be achieved amongst the parties themselves is called CONSENSUAL PROCESSES. Under its umbrellas are specific dispute resolution procedures like negotiation, mediation, collaborative law and conciliation.
Negotiations will involve constant and repeated dialogue and aims to put everyone to compromise after hearing out what the other hast to say. The parties here have to be present themselves even if they have a legal practitioner amongst them. Mediation requires getting an unbiased independent party who will aid or act for the persons involved. Collaborative Law is where the entities would mutually agree on a voluntary participation agreement that disqualifies any law professional from representing them in order to avoid consequences that can be brought by court. Lastly, conciliation will require a conciliator who will hear everyone in conflict in separate occasions. He or she will help improve communication and suggest courses of action but in the end the parties still get to decide.
The second category called ADJUDICATIVE PROCESSES refers to those where the unbiased third party decides on the final outcome as with arbitrations and litigations.
Arbitration is the informal kind of the two where the arbitrator is chosen by the parties involved. A hearing about the disagreement is scheduled and once the arbitrator makes a decision, no further appeals are allowed to be raised. Litigation, out of all the dispute resolution procedures mentioned, is brought up to court. It is the ultimate and last resource in attempting to settle conflict.