Dispute Resolution

Methods of Dispute Resolution : 

Methods Of Dispute Resolution include:

• Lawsuits(litigation)(judicial)  •Arbitration   •Collaborative law   •Mediation   •Conciliation   •Negotiation  •Facilitation   •Avoidance

One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.

Dispute resolution processes fall into two major types:

1. Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome.
2. Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.
   Not all disputes, even those in which skilled intervention occurs, end in resolution. Such intractable

Illustration 1:

A purchased 1000 boxes of gloves from B Company and has paid in advanced for all the 1000 boxes. B however only delivers 500 boxes of gloves. B refuses to return the remaining the money paid in advanced despite A demand the return of the money. B is in breached of the Purchase Order.

Illustration 2:

X is a construction company and engaged in built a Hospital Building for Y Company. Upon submitting the payment claim, Y then refused to pay and to value and inspect the work done by X for the purpose of payment for work done and delivered.

Arbitration

Is a proceeding unlike in civil courts. Normally the cases brought to Arbitration would have a specific clause in your Agreement stating any dispute must be referred to Arbitration. Your case will be heard before an Arbitrator. Sometimes, there can be two or three arbitrator hearing your case. Normally you can find the Arbitration Clause in Building Contracts and mostly involves construction industry. There are also in other contract you might have entered where your dealings involves millions or multimillions transaction.