Did you know about 40 million lawsuits are filed in the US annually? According to the US Courts report, the number of pending civil cases and criminal defendants in district courts hit 711,778 in 2021. Due to the backlog, some cases take longer before the jury makes a ruling.
Court processes are also complex and taxing. So, what other options can you explore besides the hassle of going to court? Read on to discover the best alternatives to resolving disputes.
1. Negotiation
You can find ample solutions to disputes through direct discussions. There are no set rules for discussion; you create your own. Before you kick-start negotiations, ensure the conditions are calm and safe. Appreciate parties present, emphasizing the importance of cooperation and sharing your expected goals.
Usually, negotiations come first before resorting to other alternative dispute resolution methods. Aggrieved parties control the process and solutions. Basically, both parties identify the conflicting issues and meet for resolution. Transparency is the core of successful negotiation.
2. Mediation
Mediation involves finding an amicable solution that favors the involved parties. It’s a negotiation with a neutral third party – the mediator. A good mediator should be patient, logical, and have excellent negotiation skills. You can either set up informal mediation with a relative or friend as the mediator or go formal by hiring trained personnel.
Mediation is critical to both parties and requires proper planning, communication, and negotiation. This is where your Local Denver-based lawyers come in handy. They help you prepare by formulating key mediation points, guide you on presenting issues during negotiations and prepare an agreement post-mediation. Meditation proves ideal if a disagreeing party can’t solve the conflict on their own.
3. Conciliation
Conciliation is a flexible, confidential method of alternative conflict resolution. It focuses on reaching a mutually agreeable solution. A third party – conciliator – facilitates the whole process. The conciliator only provides a non-binding proposal for parties to work with. However, the agreement, like in mediation, might be legally binding.
4. Arbitration
Paying a neutral third party to arbitrate your dispute is the final way to solve disputes out of court. Arbitration is more formal than mediation and conciliation and offers flexibility for parties to choose fees, forums, and the number of arbitrators. Disputants must offer relevant evidence and arguments to an arbitrator for an arbitration award. This information is important as it shows you both have the confidence to obtain a fair judgment.
There are binding and non-binding arbitration awards. In a non-binding award, the dissatisfied party can agree upon or challenge the results in court. On the other hand, you can’t challenge the final arbitrator’s results in a binding arbitration.
Conclusion
You don’t have to endure the tedious court process when faced with disputes. Better alternatives might be cheaper, quicker, and more effective. Use the three best alternatives to the court system to resolve your disputes. Remember to involve Denver-based lawyers to manage risks and guarantee a fair and speedy process.
