Disputes are very common in almost all aspects of everyday life; a situation that has led to what modem day legal profession is. These disputes range from small claims that can be solved by an arbitrator to more complex litigation such as complex civil litigation, commercial litigation, contract disputes, maritime litigation and personal injury litigation. Such disputes require that you undertake due diligence when choosing the best dispute resolution process. There are three major types of dispute resolution including cases related to electronic case management. You can either choose to go for mediation where the parties involved choose a neutral third party. Rather than proposing an enforceable judgment, a mediator tries to work to the best interest of the parties involved. The other dispute resolution method is arbitration. Arbitration is almost similar to mediation but in this case, the arbitrator acts as a judge. This means that in arbitration, the award is enforceable and the decision from the arbitration is binding. The last method is litigation which is what most people are familiar with. In litigation, the defendant faces off with a plaintiff before a judge. Judgment from litigation is passed after the judge or jury carefully weighs the evidence produced in court. Before choosing the right dispute resolution process, what are some of the questions you should ask yourself?
Ask Yourself What Your Goals Are
By having an idea of what you want to achieve from a dispute resolution process, then you are easily able to choose the best recourse a case that would probably involve electronic case management. Knowing your goals can help you understand the process better rather than going for an option which you thought will be of benefit to your case only to end up to a disappointing end. For example, if you are looking to have the dispute solved within the shortest time possible, then you are better off considering mediation or arbitration. Mediation should therefore be top on your list of methods as it will not require any form of electronic case management. Arbitration too tends to solve cases much faster without electronic case management processes. Litigation however is time consuming ad the situation is made even worse when there is a complex litigation that involves a lot of parties. Such disputes especially ones dealing in commercial or international disputes take time to be concluded hence this option is best suitable for complex disputes that heavily rely on the evidence produced. You can also engage the other party to see if you can agree on the best dispute resolution process before settling on the preferred choice that serves the best interest of the parties involved. Knowing your goals helps the process to be cost-effective and expedited for the benefit of the parties involved in cases that require or do not require an electronic case management process.
Ask Yourself Which Method Capitalizes on the Main features of the Dispute
Almost all disputes are very unique in nature and the only similarity they have is regarding which field of law they belong to. For this reason, always try to focus on which method covers the main features of the dispute in the best way possible. Say for example that you have a dispute with someone you have a good relationship with. What would be the point of dragging that person to court when you can both appoint a neutral third party to mediate the dispute? If mediation does not work, then arbitration should be your next recourse as the decision from the arbitrator is binding. You should therefore only consider litigation when the other alternative dispute resolution methods have failed. However, this is very unlikely keeping in mind that the dispute was from parties that have a good relationship. However, there are certain disputes that require an electronic case management process and absolute judgment that is binding. This is where litigation is the most applicable process. Matters dealing with international law can be mediated or arbitrated but depending on the complexity of the matter, take into consideration which method would capitalize on the main features of the dispute. By evaluating these factors among other things, then you are able to choose the best dispute resolution process.