We have different ways that disputing parties can use to resolve their issues. We have three ways that parties can use to come up with a solution for their challenges rather than the legal proceedings. If these means are utilised well, then it will be better for you and even your business. Instead of taking your case to court to pursue it through litigation, you can first use these three methods. These three principal are ways of resolving disputes;
1. Communication between the parties
This is a situation where the two parties arrange for a meeting together and try to solve the dispute on their own. This method allows for privacy so a third party will not be around hence your dispute and all your discussions will be confidential.
2. Alternative resolution and communication between the lawyers.
This alternative is one that the parties allow their lawyers to hold a meeting and tries to solve the disputes on their behalf. This is an essential way to ensure that emotions do not arise during the process of dispute solving, to add to that, they are professionals, so they know how to handle some situations.
3. Alternative dispute resolution
Compared to litigation, this has acted as one of the cheapest ways to arrive at an agreement if you have a dispute. It is a simpler way for resolution; you will not need the intervention of the court to get a resolution. There are several alternative dispute resolution methods parties can use. These methods include:
This is one of the most used ADR methods. With this method, the parties appoint an arbitrator who will be able to help them resolve the dispute without necessary going through the legal process.
This process involves the parties and the mediator. He or she will be responsible for providing better communication between the two parties about the dispute. Contrary to the judge or arbitrators, mediators do not help in decision making or advising the parties. Their role is to make sure that the two parties have better communication to arrive at a solution. However, if the two parties fail to get a resolution, then they can proceed to litigation.
After negotiations, the parties will be provided with various solution offers.
This is a method where the two parties sit down to discuss the matters on their own or with the presence of their lawyers.
While you are hoping that your negotiations, solicitor Swansea or alternative dispute resolution methods will come out as a success, it is important that you also prepare yourself for the possibility that you may need to go through litigation.
The difference between ADR and litigation is that the ruling of ADR is not as binding as that of litigation.
Whatever you do or fail to do before the start of the legal proceeding may either affect it negatively or positively. Costs, as well as the interest rates are one of the things that can be largely affected by your pre-conduct. It is important for every party to know that a court does not have any jurisdiction over any of you unless you decide to get involved in the litigation process.
Cost is an important factor for a client as well as the lawyer. In case either of these parties does not behave properly in the court, the chances are high that they will be penalized.
For instance, the party that has behaved inappropriately may be ordered to pay a cost on what is called indemnity basis.
The party may also be required to pay a higher interest rate in the claim.
If the two parties find it easy to resolve the dispute in their own without the involvement of lawyers, then they should go ahead with it. If you can solve your dispute by yourself, then you must also consider other methods in case you fail to solve it despite many efforts.
However, you have to be careful with anything you do or say before or during the process of trying to resolve the dispute. Should this dispute go to the litigation level, it will not be in a position to prejudice your position.
The court is the last option for every dispute, so do not let your dispute go to the court without trying the available alternatives.