Also known as appropriate dispute resolution or alternative dispute resolution (ADR), the dispute resolution process refers to the channels or methods used to solve conflict out of court. These processes can be used to solve all manners of conflict ranging from housing, employment, environmental, family, consumer, and even business disputes. The government often advocates for dispute resolution so that the conflicting parties can come to an understanding.
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Benefits of Dispute Resolution
Unlike the traditional legal process, dispute resolution is more affordable and the decision is arrived at faster. They are a bit informal and this creates a lot of room for flexibility. And the other advantage of dispute resolution is that both parties are encouraged to participate significantly in finding a solution to the conflict. Because of these reasons, most conflicting parties are usually advised to give dispute resolution a try before taking matters to the next level.
Does the Dispute Resolution Process Need an Attorney?
Though not mandatory, dispute resolution processes proceed more smoothly when an attorney is involved. As you will see later on, some of these processes require legal advice and counseling so that your interests can be well expressed during the resolution. There are so many brilliant disputes lawyers in Singapore, you shouldn’t hesitate to bring one to your negotiations. When looking for a dispute attorney, it is essential that you find one who isn’t only knowledgeable in the art of negotiating, but he/she should be experienced and professional.
What are the Different Types of Dispute Resolution Processes?
Before listing the various types of dispute resolution processes, you should familiarize yourself with the main types of disputes. There are two main types of disputes. We have criminal cases and civil cases.
Criminal cases refer to disputes where an individual is prosecuted by the government or police for breaking a certain law. Such disputes are handled at a court of law where the accused, if found guilty, will be fined or sentenced. On the other hand, civil cases are disputes between people. Quite often civil cases arise from conflict and the two parties require a third party to help resolve the issue. Civil cases entail family, housing, and financial disputes.
Depending on your issue, from the above information, you should know the category your dispute falls under. That aside, here are the various types of dispute resolution processes;
- Mediation – Unlike all the dispute resolution processes listed below, mediation is the least expensive and there is a huge chance that all parties go home happy. Mediation involves the use of a mediator who listens to the conflict and provides a sustainable solution that benefits both parties.
- Arbitration – If mediation fails, arbitration may help. This entails the use of a third party such as a judge who listens to the case and makes a decision based on the evidence. Each disputant is given the freedom to make a case for themselves. At the end of it all, the decision provided by the arbitrator is final.
- Litigation – This is the type of dispute resolution where attorneys play a key role. In litigation, the case is taken before a court of law with a judge. The lawyers defend their clients and a ruling is made at the end.
The above are the three main types of dispute resolution. However there are others, they may not be common but can apply depending on the situation you are in. They include mini-trials, ombuds, private judging, settlement conferences, and unbundled legal services. Whichever method of dispute resolution you settle on, having a lawyer by your side increases your confidence and there is a great chance of getting a favourable ruling.