A legal dispute involves a disagreement between two parties that requires resolution. While litigation is one way to resolve a dispute, there are alternatives that can save time, money, and stress while also helping parties maintain their relationships and achieve mutually beneficial agreements. The type of resolution process that best suits a particular dispute depends on a number of factors including the conflict’s circumstances, desired outcomes, and level of cooperation. Understanding the various methods of dispute resolution can help individuals and businesses navigate conflicts more effectively, ensuring that their rights and interests are protected.
In legal disputes, focusing on who is right often gets stuck in stalemate. A more effective approach is to focus on interests. This helps the disputants identify the underlying issues and find a solution that works for everyone. This is the basis of alternative dispute resolution processes like mediation and arbitration.
Mediation:
Mediation is a dispute resolution process that takes place outside of the courtroom and can be conducted at any location agreed upon by the parties. The mediator acts as a neutral party who facilitates negotiations between the disputing parties. Mediation is typically voluntary and non-binding, but if the parties are unable to reach an agreement on their own they can choose to go to trial. During the mediation, the disputing parties may use a lawyer to represent their interests, or they can go without one. The mediator will review the facts of the case and provide an evaluation of the likelihood that each side will prevail in a trial. This process is called early neutral evaluation (ENE) and can be requested by a judge or can be mutually agreed to by the parties.
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