Let’s Talk about Conflict Resolution Methods

““If you talk to a man in a language he understands, that goes to his head. If you talk to him in his language, that goes to his heart.” — Nelson Mandela”

Some Background Information:

‘The use of alternatives to litigation for dispute resolution continues to grow at a rapid pace. Litigation is now viewed as one choice among some dispute resolution choices. The options available to a person or business that have a dispute with another party, in addition to litigation consulting services, are known collectively as ‘alternative dispute resolution’ or ‘ADR.

The alternatives to litigation and litigation support include mediation, arbitration; neutral evaluation; fact-finding.  Unlike the formal process and strict litigation rules, each of these processes provides disputants with the ability to choose and adopt a dispute resolution mechanism that will best serve their objectives and capacities to resolve a particular issue in a more efficient and less adversarial manner.

Instead of being forced into the often slow, expensive, technical and rigid litigation process, disputants and their lawyers can now choose the dispute resolution process that best serves their needs. The objective is not to value one approach over the other but to determine the most effective dispute resolution method – the most appropriate process to suit particular circumstances.  Increasingly, that choice is ADR.”  —Colin Taylor Professional Corp.

An important area in contract relationships is the need to handle disputes. There are more effective ways of dealing with disputes instead of litigation. For purposes of contracts, it is necessary to include clauses that detail how disputes will be handled.

One of the benefits of ADR is that the panel members will typically include experts in the field and will not require costly training (lawyers bill by the hour) to bring them up to speed.

Consider the three methods of conflict resolution: legal remedy through the courts, mediation, and arbitration. What are the benefits of each?

Benefits of mediation:

·       The process is informal and flexible; attorneys are not necessary. There are no formal rules of evidence and no witnesses.

·       Mediation is a confidential process.

·       ​​Quick and Inexpensive. When parties want to get on with their business and their lives, mediation is an option to consider.

• Mediation increases the control the parties have over the resolution. Each party is directly involved in negotiating their agreement.

• It's voluntary, as any party may withdraw at any time.

• The mediation is arranged at a venue convenient to the parties, who have their room and a separate room for joint meetings. The mediator listens to everyone's view, talks to the parties privately and together, guiding them towards a settlement.

• Because mediation can be used early in a dispute, an agreement can usually be reached quicker than if pursuing through the courts.

• Mediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and supports each party through the process.

• Preservation of relationships can be a crucial benefit of mediation. Mediation helps participants focus on effectively communicating with each other as opposed to attacking each other.

Example: when the contractor did not fulfill the contractual obligations on the scope of work and quality of service performed that significantly impacted the overall project.

Benefits of arbitration:

·       Arbitration can be considerably cheaper and faster than litigation

·       The two parties to the arbitration have control over the arbitrator's selection compared to a court case where the judge and jury selection are out of the two parties' hands. 

·       Arbitration is a less formal process, which makes the process move faster. Arbitration hearings are private, and the results are not part of the public record. 

Example: When a couple is divorcing, and they work with a neutral third party that helps them resolve divorce issues and divide up assets and property

Benefits of legal remedy through the courts:

A legal remedy, also referred to as judicial relief or a judicial remedy, is the last recourse to resolve the conflicts that can not be resolved by arbitration and mediation.

The legal remedy supported by a carefully selected experienced Lawyer to handle all the

The expert witnesses’ reports are supporting the arguments of the parties.

The decisions will be made based on the detailed evaluation of the situation and clearly understanding the opinion of the person who is being deposed.

Example: Contract disputes occurred when one or more parties signed a contract that can not fulfill their obligations. Occasionally, this is due to an agreement written in vague terms that creates disparate expectations in the signers. Still, it is usually because one party overextends itself and doesn't have the money or employees to fulfill their obligations.