Personal tools
You are here: Home Finding the right process
Document Actions

Finding the right process

The best process depends on a number of factors.

Variety of dispute resolution methods

There are a number of dispute resolution process available, however finding the appropriate dispute resolution process will depend on a number of factors including the type of dispute, the goals of the disputants and the financial resources of the parties.

Negotiation

Negotiation is the cornerstone of each alternate dispute resolution method. Negotiation allows the parties to maintain control of the outcome as well as the procedures used to resolve the dispute. It allows for a wide range of solutions that encompasses legal and non-legal concerns. Negotiation can be used to resolve conflict arising from a past event or to prevent future conflict by setting the parameters for an upcoming event.

Mediation

Mediation requires a neutral third party who facilitates communication between the parties involved in the dispute. It is a facilitated negotiation in which the parties attempt to reach an agreement on a disputed or potentially disputed matter.

Collaborative Practice

Collaborative Practice consists of two parties and their respective lawyers who are selected from a specifically trained group of lawyers. The lawyers and the parties sign an agreement defining the scope and purpose of the lawyer's representation, which is to help the parties engage in creative problem solving. This creative problem solving is aimed at reaching a negotiated agreement that meets the needs of both parties. In this process the parties agree that neither will resort to litigation. If litigation is threatened, the collaborative process ends and both lawyers must remove themselves from the file.

Conflict management

Conflict management allows parties to get ahead of conflict by building strong communication links and establishing rules of conduct for an upcoming event or transaction. Proactive in nature, conflict management allows parties to identify highly contentious issues and find ways of managing those issues before they evolve into conflict.

Arbitration

Arbitration is an adjudicatory process in which the arbitrator listens to all parties present their positions and then renders a decision or award. Although similar to a binding court proceeding, arbitration allows parties to control the process and is generally voluntary, informal and private.

Alternate dispute resolution services:
Mediation
Negotiation
Arbitration
• Conflict management
• Collaborative law
Training
 

Powered by Plone CMS, the Open Source Content Management System

This site conforms to the following standards: