The 3 Major Types Of Dispute Resolution

While it means exactly what it sounds like, dispute resolution is in fact a broad category of processes that two parties at odds with each other can utilize to put matters to rest. There are numerous types of dispute resolution processes, but the three major and most commonly confused ones are mediation, arbitration and litigation.

Dispute resolution is not limited to personal affairs, it can extend to nearly any matter, be it corporate tax law, intellectual property rights infringements and at times it can even be to gain free legal advice on how best to proceed for two amicable parties.

Let us take a look at the 3 major types of dispute resolution.

• Mediation
  A mediator functions as a non intrusive third party, there to provide support and conciliation, without taking sides. Neither do mediators require a background to participate in discussions, nor are they supposed to give out free legal advice. While a mediator may have legal experience, it is considered unethical for them to give our legal advice during the mediation process.
  
  It is important to remember that mediators don’t make any decisions during the dispute resolution process, they simply help both parties explore every possible option and find the best route to proceed on.
• Arbitration
  Most commonly associated with commercial and corporate law, arbitration is a dispute resolution process where a third party or an ‘arbitrator’ resides as judge for negotiations held between the parties in discord. The arbitrator listen to all arguments before making a decision.
  
  Corporate lawyers and other forms of attorneys may be present during the proceedings, but not necessarily so.
  
  There are two types of arbitration,

1. Binding Arbitration
   Decisions made in a binding arbitration are enforceable in court, and as such all parties involved must adhere to full legal compliance of the same.
2. Non-Binding Arbitration
   A non-binding arbitration as the name suggests, is not legally binding for any of the parties, and functions more like a mediation.
• Litigation
  Litigation is the most common form of dispute resolution advertised in media, and as you may have guessed it involves the typical courtroom proceedings you see in your favorite legal dramas. Both disputing parties have an attorney present to state their side of the case in front of a judge and sometimes a jury as well.
  
  If a jury is present, they are responsible for making the final decision in the dispute resolution case, and if not, the judge bears this responsibility. Very rarely does the judge overturn a jury’s decision.

If you are still unsure which type of dispute resolution will suit you best, head over to Lawyered to get in touch with the best corporate lawyers, tax attorneys and personal lawyers in India for free legal advice and clarification.