Article

DISPUTE RESOLUTION

Dispute resolution is the process of
resolving disputes between parties by
meeting at least some of each side’s needs
and addressing their interest. It generally
refers to one of several different
processes used to resolve disputes
between parties, including negotiation,
mediation, arbitration and litigation.
Negotiation is the easiest mode of dispute
resolution. Negotiation allows the parties
to meet in order to settle a dispute
without need for external influence.

It is
a dialogue between two or more people
or parties, intended to reach an
understanding or to resolve a point of
difference, it aims at compromise.
Negotiation has many advantages, it’s
speedy and informal which makes it less
stressful, it avoids publicity so matters
remain confidential, it is flexible as there
is no fixed time for meetings and it
doesn’t have to follow legal procedure
and parties have supreme power to
create their own agreement.
However, it does have its disadvantages.
The parties are not obliged to follow
decisions made. As a result of the lack of
a neutral party, it may be very difficult to
reach an agreement especially if opinions
are very distant. Also, it doesn’t protect
the rights of the parties involved
especially where there is an imbalance of
power.
Another means of dispute resolution is
mediation. It is used as a form of
alternative dispute resolution . Typically, a
third party, the mediator is involved and
he/ she assist the parties to reach an
agreement. The mediator acts as a neutral
third party and facilitates rather than
directs the process.
Mediation also has its benefits. It is
relatively cheap, while a mediator may
charge a fee comparable to that of an
attorney; the mediation process takes
much less time than moving a case
through normal court procedure, taking
less time means spending less money on
hourly fees and costs.
Mediation is also
confidential, while court hearings are
public, mediation remains strictly
confidential. No one but the parties to
the dispute and the mediator know what
happened. It also allows for control,
mediation increases the control the
parties have over the resolution. In a
court case, the parties obtain a resolution,
but control resides with the judge or
jury. So, mediation is more likely to
produce a result that is mutually
agreeable for the parties.
However, it also has its disadvantages.
Disclosure of Information and
truthfulness of parties depends on good
faith which cannot be compelled by
mediation. Mediation is more expensive
in most cases than negotiation as the
mediator will be paid. Incompetent
mediators can also worsen the situation
between parties.
Arbitration is another form of dispute
resolution. It is a technique for the
resolution of disputes outside the courts ,
where the parties to a dispute refer it to
one or more persons by whose decision
they agree to be bound. It is a resolution
technique in which a third party reviews
the evidence in the case and imposes a
decision that is legally binding for both
sides and enforceable.
The benefits of arbitration are as follows,
when the subject matter of the dispute is
highly technical, arbitrators with expert
knowledge can be appointed but you
cannot choose the judge" in litigation.
Arbitration is often faster than litigation
in court. Arbitration can be cheaper and
more flexible for businesses. Arbitral
proceedings are confidential and private.
On the other hand, Arbitration also has
its downsides. In some arbitration
agreements, the parties are required to
pay for the arbitrators which make
arbitration expensive. There are very
limited avenues for appeal, which means
that a wrong decision cannot be easily
overturned. Although usually thought to
be speedier, when there are multiple
arbitrators on the panel, juggling their
schedules for hearing dates in long cases
can lead to delays.
Litigation is the final form of dispute
resolution. It is the act or process of
bringing or contesting a legal action in
court. It is the process of taking a case
through court. The litigation or legal
process is most common in civil lawsuits.
In litigation, there is a plaintiff (one who
brings the charge) and a defendant (one
against whom the charge is brought).
It is a very formal process which reduces
bad behavior. Parties are compelled to
attend unlike the other forms of dispute
resolution. Decisions made here are
binding on the parties and it creates
judicial precedent.
However, it is time consuming. Also, the
parties do not play a part in making
decisions. It is expensive and it is a very
public affair.
The different types of dispute resolution
are very important when it comes to
pathways that should be taken in
deciding cases. However, it is essential to
know that litigation should not be the
first option but the final one. If all else
fails, then the matter should be taken to
court
-OGUNSAKIN IFEOLUWA, an aspiring Legal Practitioner