Alternative Dispute Resolution Options
In cases where mediation has failed or the mediation process is not suitable for the commercial or civil dispute, there are other alternative dispute resolution services that can be used instead. Every alternative dispute resolution method involves parties in a dispute coming to a conflict resolution without going to court. Along with mediation services, there are four further commonly used alternative dispute resolution program options that you can choose to enter: conciliation, arbitration, negotiation, and early neutral evaluation.
The process of conciliation is incredibly similar to that of mediation, with the primary difference being in the way that the third-party interacts with each side and oversees the meetings. A conciliator plays a significantly more active role in the dispute resolution negotiations and is likely to provide impartial advice on legal positions and possible areas where a compromise could be made. During the conciliation process, a non-binding settlement proposal will be provided to each party by the conciliator on their request.
Unlike mediation, during arbitration the decision on the outcome of the dispute is made by the third-party. Before entering the arbitration process and presenting their case, both parties must formally agree to abide by the ruling made. The arbitrator will preside over the case, hearing evidence from both sides before making a final judgement. While arbitration is similar in some degrees to a court hearing, the process is often faster, less expensive, and more confidential.
Negotiation between parties or their legal representatives can happen at any stage before trial, even when court proceedings have already started. In many cases, when a dispute has arisen, negotiation is the first step taken by the individuals involved. The process can be confidential, quick, and inexpensive, but the outcome relies on the party’s willingness to come to a solution without external involvement.
Early Neutral Evaluation
Early neutral evaluation can be used as a pre-cursor to court or for parties to reach a conclusive solution. The main aim of early neutral evaluation is to alleviate any prejudice or pride that may be affecting an individual’s stance on a dispute. A neutral third-party is used to look at the important factors of each case and provide the parties with an impartial opinion of where they stand and any positives or negatives of their case. By providing advice on both cases, a decision on a settlement can be made before a trail begins.