The Five Styles of Conflict Resolution

1. Mediation In mediation, a neutral and impartial person called a “mediator” helps both sides communicate and try to reach a solution to their dispute that is acceptable to both of them
2. Arbitration
3. Neutral Evaluation
4. Settlement Conference

1. Methods of Dispute Resolution Many ways exist to resolve legal conflicts, including going to court
2. Methods of Dispute Resolution Judicial Trial A trial is a judicial proceeding that takes place in court
3. Administrative Agency Hearings
4. Negotiation
5. Arbitration
6. Mediation
7. Summary Jury Trial
8. Mini Trial

Negotiation, mediation and arbitration – often called ADR or alternative dispute resolution- are the most well-known Whether you are involved in a family or neighborhood dispute or a lawsuit involving thousands of dollars, these processes should be considered

There are currently three principal methods of Alternative Dispute Resolution, mediation, collaboration, and arbitratio

• Avoiding the Conflict Avoiding or withdrawing from a conflict requires no courage or consideration for the other party
• Giving In Giving in or accommodating the other party requires a lot of cooperation and little courage
• Standing your Ground
• Compromising
• Collaborating

While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute It is the preeminent mode of dispute resolution Negotiation allows the parties to meet in order to settle a disput

The term alternative dispute resolution (ADR) means any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation ADR provides a forum for creative solutions to disputes that better meet the needs of the parties

Civil litigation/dispute resolution solicitors issue court proceedings and deal with disclosure and drafting witness statements They instruct Counsel to attend the trial, prepare trial bundles and all the documentation required by the court both pre- and post-trial

ADR processes have a number of advantages They are flexible, cost-efficient, time-effective, and give the parties more control over the process and the results

There is a much wider range of outcomes with ADR than with courts Mediation or an ombudsman investigation may well be more appropriate than court if what you want is an apology, an explanation, or a change in policy or practice by an organisation ADR processes are usually more flexible than the court process

The most common types of ADR for civil cases are mediation, settlement conferences, neutral evaluation, and arbitration Read more about these ADR processes, when they may or may not be appropriate or watch a video demonstration

Arbitration is becoming more costly as more entrenched and more experienced lawyers take up the cause Still, resolving a case through arbitration is usually far less costly than proceeding through litigation because the process is quicker and generally less complicated than a court proceeding Faster than litigation

One drawback to the process is the lack of a formal evidence process This lack means you are relying on the skill and experience of the arbitrator to sort out the evidence, rather than a judge or jury No interrogatories or depositions are taken, and no discovery process is included in arbitration

Once the arbitrator has paid or is required to pay an expense, the parties must pay this amount and it is non-refundable Other costs of arbitration may include hearing room rental fees, abeyance fees, and the costs a party will need to spend to prepare and present their case in arbitration

No, you can’t sue your employer in court if you signed an arbitration agreement If your employment contract includes an employment arbitration clause, then it means you agreed not to pursue any legal action against your employer in cour

In the event that a party fails to appear at the arbitration, the arbitration must still proceed Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement

Articles

1. Help to Expedite the Hearing Schedule
2. Consider Alternate Methods to Expedite the Entire Arbitration Process
3. Make It Easy for the Arbitrator to Follow Your Case
4. Don’t Waste Your Opening Statement
5. Expose Your Smoking Gun
6. Define the Award
7. Keep It Professional

Four Ways to Get Out of Arbitration Agreements At Work

1. You Must Have the Intention to Agree to Arbitration
2. An Employer Cannot Force You Into An Agreement to Arbitrate By Fraud or Duress
3. Unconscionable Arbitration Agreements Will Not Be Enforced
4. Failure to Provide a Valid Jury Waiver

And although they often come from the legal field, arbitrators are not required to be licensed attorneys In general, you can decide whether you want to pursue arbitration instead of going to court—unless you’ve signed a contract that makes it mandatory Such a provision is known as a “forced arbitration clause”

Seeking Correction by The Arbitrators of Mistakes in a Contractual Arbitration Award, Under California Law Pursuant to California Code of Civil Procedure section 1284, a party may also apply in writing to its arbitrator to request correction of the award on any of the grounds set forth in

Under California law, as well as the law of every other state, an employer can refuse to hire you (or can terminate you) if you refuse to agree to arbitrate all of your employment disputes And, an arbitration agreement cannot limit an employee’s rights to “discovery” or the damages that can be recovered

Forced arbitration clauses generally bind the consumer—not the company The way many forced arbitration clauses are written, the seller retains its rights to take any complaint to court while the consumer can only initiate arbitration Arbitration is a private system without a judge, jury, or a right to an appeal

Mandatory arbitration can essentially nullify legal protections we have Arbitration clauses in employment contracts can dissolve your protections you get from federal laws, such as the Civil Rights Act, the Equal Pay Act, the Whistleblower Protection Act and the Family and Medical Leave Act (FMLA).