Overview of Dispute Resolution

Dispute resolution encompasses a spectrum of processes designed to resolve conflicts, ranging from informal discussions to formal legal proceedings. Mediation is one of the many processes within this spectrum. When a dispute arises, it’s crucial to evaluate which process is most appropriate based on the nature of the dispute, the parties involved, and the desired outcome.

The Dispute Resolution Continuum

1. Counseling:

• A therapeutic intervention where a qualified professional helps parties address underlying psychological or behavioral issues that may be fueling the dispute. Counseling can be short-term or long-term and may be used alongside other dispute resolution methods.

2. Negotiation:

• A process where the parties (and possibly their representatives) engage in discussions to reach an agreement without the involvement of a neutral third party. Negotiation can be formal or informal and involves strategies of persuasion and bargaining.

3. Facilitation:

• Involves a neutral facilitator who assists the disputing parties in identifying issues, concerns, and possible solutions. The facilitator does not take a determinative role but helps guide the parties toward a resolution through structured sessions.

4. Conciliation:

• Similar to mediation but with the key difference that the conciliator is usually legally qualified and can provide expert advice. The conciliator helps the parties identify issues, develop options, and consider alternatives to reach a non-binding agreement that can be made contractually binding.

5. Early Neutral Evaluation:

• A process where a dispute resolution practitioner assesses the key issues early in the dispute and provides an expert opinion on how the matter might be resolved, often used in family property disputes.

6. Arbitration:

• A more formal process where an arbitrator hears arguments and evidence from both parties and makes a binding determination. Arbitration is often used in technical disputes, such as those involving commercial contracts, construction, and family property.

7. Litigation:

• The most formal process, where parties present their case in a tribunal or court, and an independent decision-maker makes a binding decision. Litigation follows strict rules and procedures, and the decision focuses solely on the issues presented.

Each process has its benefits, and the choice of which to use depends on the specifics of the dispute and the needs of the parties involved.