No one ever wants a dispute to go to a trial. Even though a trial provides a definitive resolution to a conflict, it is an expensive and lengthy process that is a drain on a person’s finances and their time. Litigation should be a last resort when it comes to resolving disputes in business or in any other setting. Fortunately, there are other methods of dispute resolution that are less adversarial and costly than litigation.
These are called Alternative Dispute Resolution, or ADR for short, and they are preferable to a trial because they are much faster, less expensive, and less contentious. An attorney is still advisable in ADR because they can help to refine an argument and provide evidence if needed. That means it is a good idea to contact a business litigation attorney regardless of the type of dispute resolution you are using. If you live in the Orlando area, then business lawyer Rahul Parikh can help you to settle your business dispute.
Settlement Negotiation
This is also called face to face negotiation because the two parties meet each other to try to work out an agreeable resolution. Before filing a lawsuit it is better to contact the other party and attempt to settle the dispute by outlining your problem and your suggestions as to how to solve it. Both parties can then agree to meet to try and work out a solution that they can both live with. This kind of negotiation can be done even during the course of a case and it is preferable since there is very little expense involved and it can be done quickly. If both parties manage to come to an arrangement, then they should sign an agreement to make it official.
Mediation
Mediation is an informal process that is about resolving a misunderstanding and it is guided by a neutral and unbiased mediator. The mediator does not decide on the outcome of the dispute, rather they help each party to come to a mutually beneficial decision. Mediation is appealing because it is not as contentious and adversarial as a trial, plus it is faster and less expensive.
Furthermore, with mediation, both parties have a say in the final decision, whereas with a trial or other kinds of ADR, the final decision is in the hands of someone else. If the conflicting parties do manage to come to a resolution, then they should make it official by drawing up a mediation agreement and having everyone, including the mediator, sign it. The agreement shows the decision that was made and the conditions to which each party has agreed and it is enforceable in a court of law.
Arbitration
This is similar to litigation but less formal, less expensive, and less time consuming. The dispute is taken on by an arbitrator who hears both sides of the dispute and then makes a decision. Each party can argue The difference between arbitration and mediation is that the decision made by the arbitrator is legally binding. That means the decision is out of the hands of the parties involved in the dispute, but this method of resolution is much faster and more efficient than litigation. That is why some contracts have an arbitration clause that requires the involved parties to use arbitration when resolving disputes.
Contact an Attorney If You Need to Resolve a Dispute
Even if you decide to resolve a dispute out of court, you may still need the assistance of an attorney, especially if you choose arbitration. The reason is that arbitration is like a simplified version of a trial so the assistance of an attorney is useful. But even mediation and settlement negotiations benefit from the advice and guidance of an attorney who is experienced in dispute resolution. So be sure to get the help of an attorney no matter how you choose to settle a dispute.
