Dispute resolution generally refers to different procedures used to resolve the disputes between parties. This process includes Negotiation, mediation, Arbitration, Collaborative Law, and Litigation.
Dispute resolution falls under two major parts-
- Adjudicative process which includes litigation or arbitration in which judge or 3rd person means arbitrator defines the decision or provide the resolution of the particular dispute
- Consensual process, it includes negotiation, mediation, collaborative law.
Judicial Dispute Resolution–
Now let’s talk about the judicial dispute resolution system which provides resolution of different types of disputes. It came into picture where the disputes does not reach to its conclusion through collective process. Where disputes need the Coercive power of the state to reach the conclusion.
Judicial Dispute resolution also works where Parties want an professional advocate when they came into disputes especially when the matter is of legal rights, legal wrong doing and legal threatening, or threat of legal action against them.
The most common and known method of judicial Dispute Resolution Is Litigation, in which on party files a suit against the other. Outcome of litigation is given by impartial jury or judge. The decision of the court in binding and not the advisory. However both the parties have authority to appeal against the decision of the court to the higher Court.
Now a day’s Alternative dispute Resolution (ADR) is also in Practice. The retired judges and or private lawyers often became arbitrators or mediators. ADR is generally classified into 4 parts- Mediators, Negotiations, Collaborative law and arbitration.
Brief description of methods of Dispute Resolution Processes–
- Arbitration is a procedure to settle down the disputes between the parties outside the court, in this arbitrators gives binding decisions. By choosing arbitration, parties opt for a private dispute resolution system instead of Court Proceedings.
- Mediation is an Effective way to solve the Disputes outside the court. This process involves as independent third party who is called as mediator, who helps both the parties to come to an conclusion.
- Negotiation is a process by which parties settle their differences. It is a process in which parties reach the conclusion by avoiding arguments and disputes. If there is any disagreement, the individuals try to reach the best possible and profitable outcome.
- Collaborative law, it is also known as collaborative practice or family or divorce law which enables the couples who wants to separate or end their marriage to settle their disputes outside the courts who in the presence of their family professionals. The process allows parties to have fair settlement.