Dispute resolution
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Dispute resolution refers to the methods and processes involved in resolving disagreement between parties. The term dispute resolution may also be used interchangeably with conflict resolution, where conflict styles can be used for different scenarios.
Types of Dispute Resolution
There are several types of dispute resolution, including:
- Negotiation: This is a dialogue between two or more people or parties, intended to reach an understanding, resolve points of difference, gain advantage in outcome of dialogue, or to produce an agreement upon courses of action.
- Mediation: A neutral third party assists the parties to negotiate a settlement. The mediator does not decide the case but helps the parties communicate so they can try to settle the dispute themselves.
- Arbitration: A third party reviews the evidence in the case and imposes a decision that is legally binding for both sides and enforceable.
- Collaborative law: Each party has an attorney who facilitates the resolution process within specifically contracted terms. The parties reach agreement with support of the attorneys (who are trained in the process) and mutually agreed experts.
- Litigation: A case is brought before a court of law so the court can determine the outcome.
Benefits of Dispute Resolution
Dispute resolution processes offer several benefits, including:
- Cost savings: Dispute resolution processes are generally less expensive than traditional litigation.
- Time savings: Dispute resolution processes are typically much faster than litigation.
- Preservation of relationships: Dispute resolution can be less adversarial and less confrontational than litigation, which can help preserve relationships between the parties.
- Confidentiality: Unlike court cases, which are public, most dispute resolution processes are private and confidential.
See Also
References
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Contributors: Prab R. Tumpati, MD