Choose the best dispute resolution process to solve your problem!
Let's go through the three primary methods of dispute resolution:
Mediation. Mediation involves a neutral third party who assists disputants in reaching a consensus. Rather than dictating a solution, a mediator works with both parties to identify their underlying interests, weaknesses or strength in the case. Mediation can be helpful for allowing parties to express their feelings and address their grievances. It also will give an opportunity to really see the other side’s case. Mediators work with parties together and sometimes separately to help them find a sustainable, voluntary, and nonbinding solution.
Arbitration. In arbitration, a neutral third party acts as a judge who is responsible for resolving the dispute. The arbitrator listens to both sides' arguments and considers relevant evidence before issuing a binding decision. It is one step forward in terms of having a more formal process. Disputants can negotiate nearly every aspect of the arbitration process, including whether lawyers will be present and which standards of evidence will be used. Arbitration decisions are usually confidential and cannot be appealed. Unless it is a nonbinding arbitration and then it may as well be just mediation. Like mediation, arbitration is generally less expensive than litigation.
Litigation. Civil litigation is the most commonly recognized form of dispute resolution, in which a defendant faces off against a plaintiff before a judge or a judge and jury. The judge or jury weighs the evidence and makes a decision, with the information typically becoming a public record. Lawyers typically dominate litigation, which often ends with a settlement agreement during the pretrial period of discovery and preparation.
NOTE: Of course my favorite is negotiation… Negotiation is, even though it is not necessarily recognized by the mainstream, a form of dispute resolution in which the parties involved attempt to reach a mutually acceptable agreement through direct communication and bargaining. No need for third parties. Negotiation may involve face-to-face discussions, email exchanges, or other forms of communication. The goal of negotiation is to reach an agreement that satisfies the interests of all parties involved, while avoiding the need for more formal or confrontational forms of dispute resolution, such as litigation or arbitration.
Have you ever used any of these dispute resolution methods? If not, if you did not think about it, I would say “you should!”