In today’s world, arising of disputes between people is extremely common. In New Zealand, the system provides a number of alternative methods for resolution of disputes other than approaching the courts and getting involved into litigation. These alternate methods are widely known as “Alternative Dispute Resolutions”.
What are the methods of Alternate Dispute Resolution?
There are several options available when it comes to dispute resolution. Some of them are informal and some adopt a formal approach. The types of dispute resolution are mentioned below separately:
Negotiations:
Out of all, this is the most cost effective and the least formal procedure. This comprises of both the parties trying to resolve the issues within themselves rather than involving any third party. However, if they wish, they can be represented through their attorneys.
Assisted Negotiations:
Such kind of negotiations are more or less similar to negotiations, whereas, the only difference between the two is that assisted negotiations do require a third party to sit in between and advise them in order to resolve the dispute. Moreover, the third party cannot impose any direction to either party.
Mediation:
Mediation like the assisted negotiations is a process which requires a third party to sit in between the parties to the dispute. It is considered to be more formal than the assisted negotiations as the same comprises of an entire structural process which is to be followed during the entire course of Mediation. It is imperative to state that in this process, the conclusion is to come from the parties themselves and the Mediator cannot impose his decision on the parties.
Arbitration:
Arbitration is the most formal of the procedures than the ones mentioned above. Arbitration proceedings are almost similar to that of the court proceedings where the Arbitrator actually acts as a Judge in the Arbitration Tribunal. The distinguishing factor between Arbitration and the other modes of Alternate Dispute Resolution is that the Arbitrator can impose his decision which shall be binding on the parties.
Why Alternate Dispute Resolution Methods are preferred over litigation?
There are several reasons why it is recommended to adopt the Alternate Dispute Resolution procedures over Litigation in Courts. The key factors do include that they are less time consuming than going through the entire litigation process. Another reason for that is the Alternate Dispute Resolution procedures are not that complicated as compared to court procedures and are also cost effective. However, only the Arbitration process is as costly as litigation, but that is also preferred over litigation for the fact that it is slightly less complicated than litigation and hence, comparatively less time consuming.
Dispute Resolution Services at Fortune and Manning
When involved in a dispute, it is critically important to understand the options you have for dispute resolution and to make a decision which method to opt for. At Fortune and Manning, we have attorneys who would guide you through the entire procedures as well as advice on which option to move ahead with. Our experienced attorneys will not only advise you but also represent you in the dispute resolution method you have opted for.
