What is dispute resolution?
A dispute is a disagreement or argument between two persons, parties, or disagreement between the organization’s employees. So we will discuss dispute resolution. Dispute resolution is a process that resolves the dispute outside the court. Court has a burden of cases which is pending due to the overburden of cases in courts. So dispute resolution is the alternate way to resolve the cases which types of cases include in this process? Cases such as family, neighborhood, employment, etc.
Dispute resolution processes to help government employees and private citizen complaints and disputes which is occurring in the family, workplace, and employment matters.
Alternative Dispute Resolution (ADR)
The term used ADR (Alternative Dispute Resolution) and conflict resolution are used interchangeably so this is a wide range of processes that encourage disputants nonviolent dispute resolution outside of the court.
Dispute resolution processes that resolve the commercial, legal and interpersonal conflicts.
- Without litigation
- It is better than doing nothing
- It is better than violent or illegal means
The following common forms of dispute resolution.
Negotiation is the first step of discussion among two or more people with the aim of reaching an agreement. It is an interaction of disputant parties, such process of resolving disputes, bargaining for individual or from both sides of disputants or collective advantage, and satisfy various interests.
Two basic elements included in the negotiation: the process and the substance. The process refers to how the two parties negotiate and how they processed the negotiation process. What type of relationships among these parties, the communication between both parties?
Which tactics use both parties during the negotiation process? The substance refers to what is the goal of negotiation and parties negotiate over, the issues, the agenda, the option, and the endpoint of negotiation.
Meditation is a confidential and voluntary process in which a third-party facilitator assists people, so discuss the people’s issues, and negotiate an agreement. This is the step by step process, so basic steps in the process include getting information, setting the issues, negotiating, and formalizing the agreement. Both parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome.
Conciliation is the least interrupting of third-party processes. A conciliator is a neutral person who agreeable to all parties is selected to serve as a conciliator. The conciliator serves as a bridge between both parties. The conciliator attempts to persuade the parties so they meet separately with each party to proceed with each other.
It is the most formal method of ADR procedures and the Arbitrator has a right to the decision making. The Arbitrator hears the arguments and evidence from each party then he is able to decide the outcome of the dispute.
Arbitration rules of evidence are relaxed and it is not formal such as the court. Both parties can give proofs and arguments at the hearing.
Arbitration has two types of method “binding” or “non-binding”. Binding arbitration means that there is no right to appeal against the decision, so the parties agree to accept the arbitrator decision and there is no right to appeal against the decision. Parties contracted binding arbitration, so the dispute proceeds to arbitration.
Non-binding arbitration means the parties have the right to appeal if they don’t accept the arbitrator’s decision. Parties can appeal in the court but if the court decision is not favorable then the arbitrator decision so the court can impose costs and fines on the parties.
It is the legal process and the arbitrator or judge reviews argumentation and evidence including legal points. They move forward with opposing parties or litigants to come to a decision.
They determine obligations and rights between the parties.
- Disputes between private parties, as corporations or individuals
- Between public officials and private parties
- Disputes between public bodies or public officials
Let’s discuss in more details Adjudication and Negotiation:
Dispute resolution processes can divide into two broad categories and these two categories are Adjudication and Negotiation.
The third party is the decision-maker in adjudication, rather than the disputants.
Types of Adjudication
Following are the important types of Adjudication
- Agency Adjudication
The adjudicator is the judge in the litigation process so it is an adjudication in the court system and under legal auspices.
Only Certain situations could legally be taken to court.
The litigation process is formal and structured, so it protects the due process rights of the litigants.
Only certain types of outcomes are legally possible in litigation.
Agency Adjudication and litigation are similar, but the basic law process is different.
There is an administrative law judge or hearing officer rather than an adjudicator.
Litigation is more formal and structured than Agency adjudication
Arbitration is the form of adjudication in which the Disputants’ contract gives authority to the adjudicator.
It provides by the court; it is not to be privately.
- The parties have a right to decline arbitration.
- If the disputants must participate, so they have to right to disregard the results.
Adjudication and Negotiation: Basic Distinction
The Disputants decide the issue in the negotiation and the neutral third party decides the issue in adjudication.
Although negotiation is the process of dialogue or communication, as well as disputants, resolve an interpersonal conflict through negotiation. The disputants decide how to resolve the conflict and on what terms in the negotiation.
Types of Negotiation
The forms of negotiation are:
- Assisted (Facilitated) Negotiation
- Unassisted (Simple) Negotiation
Unassisted (Simple) negotiation
The participants are the disputants in this type of negotiation.
Assisted (Facilitated) Negotiation
The disputants join with others in assisted negotiation.
Types of Assisted (Facilitated) Negotiation
The following are the types of assisted negotiation.
- Advocate-assisted or Agent disputants’ representatives conduct the negotiation
- Mediation- neutral third party assists the disputants in resolving the dispute.
- Non-Binding evaluation- neutral third party makes a nonbinding evaluation of the conflict.
Dispute resolution is the process of resolve the dispute outside the court system.
Alternative dispute resolution (ADR) is the alternative to litigation that resolves the dispute outside the court.
I have discussed the basic information on dispute resolution. If you like this blog post, then share it with your friends.