Dispute resolution is an alternative to litigation that can help resolve conflict without the cost and time involved in going to court. Dispute resolution is most commonly used in civil cases where there are no criminal charges. Mediation and arbitration are two of the most common types of alternative dispute resolution. With both these, the involved parties work together with a neutral third party to try and reach the best conclusion for all. The key difference is the decision of an arbitrator is legally binding, while a mediator can only make suggestions.
Dr Edgar Paltzer provides tactical and strategic negotiation support in disputes as part of his legal practice. Whichever method of alternative dispute resolution you choose, these tips can help you to achieve a successful outcome.
Dr Edgar Paltzer - Dispute Resolution Tips for Achieving a Successful Outcome
1. Dispute Resolution Tips for Achieving a
Successful Outcome
By Dr Edgar Paltzer, an attorney-at-law based in Zurich, Switzerland
2. Dispute resolution is an alternative to litigation that can help resolve conflict without the cost and time
involved in going to court. Dispute resolution is most commonly used in civil cases where there are no
criminal charges. Mediation and arbitration are two of the most common types of alternative dispute
resolution. With both these, the involved parties work together with a neutral third party to try and reach
the best conclusion for all. The key difference is the decision of an arbitrator is legally binding, while a
mediator can only make suggestions.
Dr Edgar Paltzer provides tactical and strategic negotiation support in disputes as part of his legal
practice. Whichever method of alternative dispute resolution you choose, these tips can help you to
achieve a successful outcome.
3. STICK TO THE FACTS
One of the hardest things about resolving conflict is dealing with
all the emotions they stir up. Try to stick to the facts and deal with
the issue in question in a way that is unambiguous and straight to
the point.
4. KEEP
RECORDS
To effectively argue your case, you will need clear records of anything that happens relating to that case.
This means keeping copies of any letters or emails sent as well as making notes about phone calls or
meetings.
5. DEAL WITH THE RIGHT
PEOPLE
When you involve any external parties in your dispute resolution,
including mediators or arbitrators, you will want to make sure
they have the relevant authority to act. It might be a good idea to
get this in writing before you proceed.
6. BE INVOLVED
A head-in-the-sand approach is never going to result in dispute
resolution. You can also reduce your own strength in terms of
arguing your case if you miss meetings, refuse to answer
communications or do not form rebuttals when required during
the dispute resolution process, as these can all look like
admissions of guilt.
7. ALWAYS ATTEMPT
ALTERNATIVES TO COURT
Some cases cannot be successfully resolved using alternative dispute resolution methods. However, you
should always attempt them before resorting to litigation, even if you believe you will end up in court in
the end. Most judges will want to see that you have at least tried to resolve the issue outside the court – if
you have not, you may risk additional costs or a reprimand.