 Whether you are an individual or business pursuing the settlement a dispute, it is imperative that you understand the means and mechanisms available for conflict resolution. Selecting legal counsel to assist you in understanding the options available for your dispute settlement is the best way to ensure your rights and interests are well protected.
There are three main avenues available for dispute settlement:
Litigation
Definition:
-
The act or process of bringing or contesting a legal action in a court of law.
-
A judicial proceeding or contest
During litigation the judge presiding over the case will require a settlement conference between all involved parties before a final court date is set. This is to provide the option to settle the dispute between the parties, prior to taking the matter to court.
Mediation
Definition:
-
(International Law) An attempt to reconcile disputed matters arising between states, often by the friendly intervention of a neutral power.
-
A method of resolving a dispute whereby a third party consults with those involved and recommends a solution.
The process of mediation involves the parties, their attorneys as well as a third party – the mediator. The mediator has the option of conducting meetings between the parties without the direct involvement of the parties’ attorneys; however the mediator will not impose a resolution, instead they will guide the parties to reach a consensus for the settlement of their conflict.
Arbitration
Definition:
-
The hearing and determination of a dispute by an impartial referee selected or agreed upon by the concerned parties.
-
(International Law) The procedure laid down for the settlement of international disputes.
The process of arbitration is similar to that of mediation; however during arbitration the arbitrator acts similar to a judge as opposed to a guiding force. The arbitrator’s task is to resolve the issues as the parties are unwilling to come to a voluntary resolution of their dispute through mediation.
There are two types of arbitration:
Binding arbitration where the parties come to an agreement to honour the decision of the arbitrator.
Non-binding arbitration where the parties are not bound to follow the decisions of the arbitrator and are open to other means of solution such as filing a lawsuit.
If you are involved in a legal dispute and require legal advice and assistance in dispute settlement David Himelfarb Barrister & Solicitor is a well established and experienced law firm providing a wide range of services since 1981.
Visit us at our website at www.himelfarb.net for our full range of services. |