Which One to Choose? Comparing the Benefits of Five Dispute Resolution Processes

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      robertachristoph
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      If you are associated with a court case, or are considering one, you have to know that there is a few different alternatives for resolving your dispute. Each process has its own strengths and weaknesses. This article explores five of the very most common dispute resolution processes found in the US legal system, and assesses each one’s effectiveness in eleven core areas.
      Negotiation: A form of communication, direct or indirect, whereby parties who have opposing interests, discuss, without turn to arbitration or other judicial processes, the form of any joint action that they can will take to control and ultimately resolve the dispute between them.

      Minimize Cost: Excellent

      Provide Speedy Process: Excellent

      Maintain Privacy: Excellent

      Maintain/Improve Relationship: Excellent

      Maintain Control: Excellent

      Need to Deal with Strong Emotions: Good

      Accomplish Mutual Needs Fulfillment: Excellent

      Keep the Process Simple: Excellent

      Obtain Expert Opinion: Poor

      Obtain Enforceable Binding Decision: Poor

      Need to Establish Precedent: Poor

      Mediation: A voluntary and informal process in which the disputing parties decide on a neutral third-party to assist them in reaching a negotiated settlement. Parties can employ mediation due to a binding agreement provision, by private agreement made when engineering disputes (please click the next webpage) arise, or as part of a court-annexed program that diverts cases to mediation. The 3rd party informally assists disputing parties in voluntarily reaching their unique mutually acceptable settlement of issues in dispute by structuring the negotiation, maintaining the channels of communication, articulating the needs of each party, identifying the issues, and, if requested, making recommendations on disputed issues. The mediator does not have any decision-making power. The process may involve counsel, but open communication involving the parties and also between their counsel is encouraged.

      Minimize Cost: Good

      Provide Speedy Process: Good

      Maintain Privacy: Excellent

      Maintain/Improve Relationship: Excellent

      Maintain Control: Excellent

      Need to Deal with Strong Emotions: Excellent

      Accomplish Mutual Needs Fulfillment: Excellent

      Keep the Process Simple: Excellent

      Obtain Expert Opinion: Poor to Excellent

      Obtain Enforceable Binding Decision: Poor

      Need to Establish Precedent: Poor

      Early Neutral Evaluation: A non-binding process, wherein a neutral evaluator (an exclusive attorney expert in the substance with the dispute) holds a several-hour confidential session with parties and counsel early inside litigation to listen to both sides in the case. Afterwards, the evaluator identifies weaknesses and strengths from the parties’ positions, flags parts of agreement and disputes, and issues a non-binding assessment of the merits in the case. The evaluator may structure an agenda for your progress with the case, and, if requested with the parties, may encourage settlement.

      Minimize Cost: Good

      Provide Speedy Process: Good

      Maintain Privacy: Good

      Maintain/Improve Relationship: Fair

      Maintain Control: Good

      Need to Deal with Strong Emotions: Fair

      Accomplish Mutual Needs Fulfillment: Fair

      Keep the Process Simple: Good

      Obtain Expert Opinion: Excellent

      Obtain Enforceable Binding Decision: Poor

      Need to Establish Precedent: Poor

      Arbitration: The most traditional type of private dispute resolution. It can be “administered” (managed) with a variety of private organizations, or “non-administered” and managed solely through the parties. It can be entered into by agreement at the time in the dispute, or prescribed in pre-dispute clauses contained in the parties’ underlying business agreement. It includes any with the varieties of dispute resolution involving a mutually acceptable neutral vacation developer the merits of the case, after a casual hearing which will includes the presentation of evidence and oral argument. The process has four main variations:

      binding or non binding

      voluntary or compulsory

      private, statute authorized, court-annexed (alternatively termed court-connected)

      one arbitrator or perhaps a panel

      Minimize Cost: Fair

      Provide Speedy Process: Fair

      Maintain Privacy: Good

      Maintain/Improve Relationship: Fair

      Maintain Control: Poor

      Need to Deal with Strong Emotions: Poor

      Accomplish Mutual Needs Fulfillment: Poor

      Keep the Process Simple: Poor

      Obtain Expert Opinion: Fair

      Obtain Enforceable Binding Decision: Excellent

      Need to Establish Precedent: Poor

      Litigation: A dispute resolution process certainly where an judge or a jury in the public courts produces a binding decision for the merits from the case after a full, public hearing, conducted based on formal rules of procedure, including the presentation of evidence and oral arguments by the parties. This is the traditional way of formal dispute resolution inside the United States.

      Minimize Cost: Poor

      Provide Speedy Process: Poor

      Maintain Privacy: Poor

      Maintain/Improve Relationship: Poor

      Maintain Control: Poor

      Need to Deal with Strong Emotions: Poor

      Accomplish Mutual Needs Fulfillment: Poor

      Keep the Process Simple: Poor

      Obtain Expert Opinion: Poor

      Obtain Enforceable Binding Decision: Excellent

      Need to Establish Precedent: Excellent

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