Whether you are an attorney advising your client, a company or an individual embroiled in a dispute, it is necessary to understand the different processes of dispute resolution and determining which is the right process for your particular situation.
In ascending order of cost, time and adversity, the various processes for dispute resolution are: Negotiation; facilitative mediation; evaluative mediation; arbitration; and litigation. As we move along this continuum from negotiation towards litigation, the process becomes more costly, takes longer, and moves from diplomacy towards outright war.
In this column, I will address only the cardinal points on the continuum which are mediation, arbitration and litigation. I will explain the processes and when it is appropriate to use each.
In ascending order of cost, time and adversity, the various processes for dispute resolution are: Negotiation; facilitative mediation; evaluative mediation; arbitration; and litigation. As we move along this continuum from negotiation towards litigation, the process becomes more costly, takes longer, and moves from diplomacy towards outright war.
In this column, I will address only the cardinal points on the continuum which are mediation, arbitration and litigation. I will explain the processes and when it is appropriate to use each.
