Disputes have always been a part of everyday life in Australia. This happens almost anytime and anywhere. Fortunately, most of these are resolved immediately between the disputing individuals or parties.
However, when disputes involve serious matters, such as properties or contracts, the conventional dispute resolution process becomes inapplicable. As such, parties usually resort to more established legal procedures to straighten out the issues at hand. The dispute resolution services provided by experts are often sought at this point.
What Is Dispute Resolution?
Dispute resolution is the process used to resolve disputes between opposing parties. This employs various techniques designed to assist the resolution of issues between parties, such as citizens, governments and corporations. The most popular methods of dispute resolution are the following.
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Litigation
Litigation is the process of resolving disputes in courts of law. Technically, this allows one party to attempt to either defend or enforce their legal rights against the opposing party.
Litigation is usually referred to and misunderstood as a lawsuit. However, a lawsuit is only a component of a litigation case. Litigation also includes various activities accomplished before, during or after filing a lawsuit.
Furthermore, litigation needs to follow specific steps. Thus, resolving disputes using this process is usually very complex, lengthy, and expensive.
Generally, for the resolution of an issue to proceed through a tribunal process or courts, it should start with a party filing a statement of claim. This will then undergo a series of processes until a resolution is arrived at. Due to its expensive and time-consuming setup, many individuals and parties try to avoid litigation as a means of resolving conflicts.
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Mediation
Mediation is an interactive and structured process used for dispute resolution. It involves an impartial third party that’s responsible for helping the disputing parties resolve their conflict using a specialized set of negotiation and communication techniques.
Mediation encourages all the participants to participate actively during the process. The method is regarded as a party-centered procedure that focuses on both parties’ rights, needs, and interests. The mediator (third party) uses a range of techniques to steer the process into a more constructive direction and allow the opposing parties to find the optimal solution for the issues confronting them.
Arbitration
Arbitration is a dispute resolution method that does not involve going to courts. Instead, the issue between parties is decided by a single or group of persons dubbed as arbitrators, arbiters or an arbitral tribunal. The arbitrator is responsible for rendering an arbitration award that is legally binding for both parties and enforceable in courts. The award is only considered non-binding when the opposing parties have stipulated that the decision is non-binding.
Arbitration is used to resolve commercial disputes, especially in international commercial transactions. In some countries like the United States, it is frequently used in employment or consumer issues.
Negotiation
A negotiation is a form of dialogue conducted between two or more parties. It is intended to develop a beneficial outcome over an issue that led to a conflict between parties. The method involves a process and interaction between parties who wish to optimize individual utilities and agree on various matters of mutual interest. Typically, the outcome of negotiation either benefits the parties involved or only one of them.
Conciliation
Conciliation is a dispute resolution process that uses a conciliator, a person responsible for meeting with the opposing parties separately and collectively. The meetings are conducted to try to resolve the differences between the parties. Also, these are held to lower tensions, improve communications, encourage the parties to look for possible solutions, and assist them in finding an acceptable outcome.
Despite the similarities of procedures used, conciliation is different from arbitration. The process has no legal standing, and the conciliator has no authority to call for witnesses, seek evidence, write a decision and make an award. However, this method is credited for resolving a lot of disputes.
What’s a Dispute Resolution Service?
Lawyers and firms offer dispute resolution services to protect the interest of their clients. The service is commonly sought when the need to undergo litigation sets in. However, the dispute resolution service is currently availed by disputing parties that resort to other methods apart from litigation. Lawyers play a significant role in mediation, arbitration, negotiation, and conciliation. Technically, they are responsible for the following.
- Make sure that the rights of their clients are respected
- Advise on the best course of action that the clients should do to resolve disputes
- Educate the clients with the advantages and disadvantages of the potential course of action they want to push through
- Assist the clients in all stages of the dispute resolution process
- Ensure that the outcome of the dispute resolution is fair or in their clients’ favour
When Is a Dispute Resolution Service Needed?
Contrary to common belief, parties in disputes should avail of the dispute resolution service as early as possible. This is because there are many dispute resolution options available nowadays. Getting such a service early allows the lawyers to assess the situation that their clients are in, identify the risks and help them minimize or avoid the existing threats. Also, these experts can provide the best advice as to the best course of action to take and the legal cost that goes along with it.
What to Look for When Hiring Dispute Resolution Service?
Hiring the service of a dispute resolution expert plays a significant role in getting the best outcome out of the disputes that you are into. As such, you need to select a reliable lawyer that will help you along the way. Try to consider the following when choosing the dispute resolution service provider.
Reputation
A lawyer or a law firm’s reputation says a lot about the quality of service they provide. Those who have successfully handled dispute resolution cases and obtained results that are favorable to their clients are known for such. So, when you ask around for recommendations, those with impressive reputations will most likely be referred to you. Prioritize these service providers, but don’t let their reputation serve as your sole hiring criteria.
Experience
Aside from their reputation, it would be best to look into every service provider’s experience in handling various dispute resolution methods. Choose a lawyer or a firm with extensive experience in helping their clients get the best out of the negotiations, mediations and litigations that they went through. This serves as an assurance that they will perform well when you need to undergo any dispute resolution procedure with them.
Cost
Don’t go for the service providers with the lower rates. Always bear in mind that dispute resolution is a serious task and requires expertise. A good service provider will ask for payments that will compensate for their efforts, which are most likely not cheap. Consider lawyers or law firms that offer competitive rates and don’t settle for the low-priced ones.
Conclusion
Having a reliable dispute resolution service provider at your side empowers you to get the best out of any dispute that you are involved in. Thus, it is best to choose a lawyer or lawyer with solid experience and an impressive track record in handling other dispute resolution methods aside from litigation. Go for the service provider committed to protecting your rights and interests at all times.
