Anyone who has disputed with another person can try to resolve it by negotiating directly with them.
This has the advantage of being private, cheap and quick
If the parties cannot agree they can employ the help of solicitors to try and negotiate a settlement
When solicitors are involved there is then a cost involved and the longer the case drags on for the higher the costs, A number of cases have gone on for a number of years
This is where a neutral mediator helps parties to reach a compromise
The role of the mediator is to consult each party & see how much common ground there is between them
They will explore the position of each party, looking at their needs and carry offers between the parties while keeping confidentiality
Mediation is only suitable for cases with hope of the parties co-operating. Companies who are used to negotiating contracts are most likely to benefit from this approach
Mediation can take different forms
The parties are in control and they make the decisions
This is similar to mediation in that a neutral third party helps to resolve the dispute
The main difference is that the conciliator plays a more active role in this method of ADR
They will be expected to suggest grounds for compromise & the possible basis for a settlement
In industrial disputes ACAS can give an impartial opinion on the legal position
Conciliation does not always lead to resolution and it may be necessary to continue with court action
This is where the parties agree to submit their claims to private arbitration
Private arbitration is now governed by the Arbitration Act 1996
The private arbitrator will be someone other than a judge, such an agreement will usually be in writing
The way in which the arbitration is carried out is up to the parties
Many commercial contracts include a Scott & Avery clause.
This clause iswhere the parties in their original contract agree that in the event of a dispute will have that dispute settled via arbitration
Litigation covers the process of bringing and pursuing a lawsuit. A lawsuit is a case or controversy authorized by law, to be decided in a court of justice,
The people invloved in these proceedings are known as litigants while the trial or case is ongoing.
Attorneys who represent the litigants in court are referred to as litigators.
In most matters, parties are allowed to represent themselves should they chose to do so. However, litigation involves many complex legal issues which require expertise and knowledge of the law that governs the dispute, as well as the laws governing the procedures to be followed while litigating a case.
Litigation is one way that people and corporate entities resolve disputes. The parties rely on a judge or jury to determine a legal question or matter.