Disputes and conflicts take place in our lives every now and then. When you are swindled by a supplier, business partner, client, friend, generally you run to the courthouse to file a formal complaint to initiate litigation, prove your legal claim against the rival party, and win the case. In today's fast, and the modern world, the cost of life, business, and other activities has increased a lot. When a dispute arises, nobody wants to initiate the legal action to solve the matter at first because litigation is very expensive and time-consuming & there is no guarantee that your case will be resolved after the prolonged legal battle.
These days, most of the people avoid many challenges associated with litigation and resort to alternative dispute resolution (ADR). As a matter of fact, ADR is a term which contains different methods of dispute resolution other than litigation. It eliminates the need of court proceedings and formal litigation. Just have a look at some main methods of Alternative dispute resolution which are detailed here below:
1. Face-to-Face Negotiation
Face-to-Face Negotiation is an important method of alternative dispute resolution. In this process, two rival parties try to settle conflicts amicably by having a face-to-face negotiation. It is an informal, private, and voluntary process to solve disputes. If negotiation is deadlocked, then the involved parties can revert back to the status quo and move out of the dialogue. This method is suitable for all those rival parties who want to resolve their disputes without recourse to violence.
2. Mediation
In this process, there is third-party or a mediator who facilitates the resolution process between rival parties and try to reach out a respectable solution as per the law. Mediators are individuals trained in negotiations and bring opposing parties together to attempt to work out a settlement or agreement with which both parties can agree or disagree. This ADR method is used to solve a wide range of cases related to juvenile felonies, disputes between communities, states, labour disputes between employers and employees, etc. Always keep in mind that mediation is voluntary and the verdict of independent mediators are non-binding. Mediation process includes gathering information, framing the issues, developing options, negotiating, and aiding agreements. There are many dispute resolution firms in India that act as mediators and try to help the rival parties to reach a peaceful resolution of issues.
3. Arbitration
In this process, an independent third party (usually a lawyer) casts a look at the evidence and arguments from both sides, review them critically, and makes a verdict to settle the matter. It is one of the easiest and earliest forms of dispute resolution and is being used extensively in different parts of the world.
4. Conciliation
Conciliation is a significant ADR method in which an attorney or panel of lawyers assists rival parties in their attempt to reach an amicable settlement of their disputes. It is based on the request of both parties to help them find out the solution of the problem. Always keep in mind that the conciliation greatly differs from negotiation, mediation, and arbitration.
5. Community Conferencing
In Community Conferencing, a structured conversation takes place in which offenders, victims, family members, friends, or anyone who have been affected by the dispute, participate. All these people come together under the supervision of a facilitator and dispute is discussed in detail. The facilitator tries to reach out a solution after hearing the arguments of all parties and evaluating the submitted evidence. Community conferencing can be utilized to resolve all types of disputes.
6. Peer Mediation
Peer Mediation is an ADR method where young men or age groups act as mediators to help settle disputes among the conflicting peers. This method is very effective to resolve trivial disputes among the rival parties. Anybody neutral person can act as a mediator and help rival parties to solve the conflicts peacefully. If the nature of conflict is serious, don't hesitate to seek the legal consultation provided by the dispute resolution lawyers. The recommendations and solutions achieved through this method are non-binding for the disputing parties.