Going to court to resolve legal issues can be an expensive decision that will cost you not only your money but also, more importantly, your time. To avoid the hassle of trials, it’s best to look into other alternatives before filing your case. An experienced lawyer in Cairns can discuss the options available to you and advise you on which course of action would yield the ideal outcome.
Types of dispute resolution
An alternative dispute resolution may be the best choice for you. Dispute resolution refers to processes or services designed to help you resolve disputes without needing to go to court. There are various types of dispute resolution, three of which are the following:
Settlement negotiation simply involves one party making contact with the other party in an attempt to work out a resolution, that is, to “settle” the matter in a mutually satisfying way. Though you can still negotiate during the course of the case, it is best to do so before the case is filed in the first place.
In mediation, a mediator or third-party facilitator is brought in to guide the resolution process. Through the mediator’s help, the parties involved are expected to reach a negotiated decision. It should be noted that the mediator is not the one who makes the decision.
Mediation is usually used in processes that involve small claims.
Arbitration involves an arbitrator who acts as a private judge of the dispute. As opposed to a mediator, an arbitrator is the one who makes the decision regarding the dispute. Arbitration is simpler and less costly than a trial and it takes much less time too.
The Dispute Resolution Process
Here is an overview of the process:
- Gather the facts so that you can make an informed decision.
- Discuss the issue with the other party and negotiate on a mutually satisfying outcome, if possible.
- Put the agreement in writing. If the other party fails to comply, send in a letter of concern, and if they still won’t comply, send in a letter of demand.
- Bring in third-party assistance.
If the dispute is still not resolved, then you can take the case to court. However, you should remember that it’s a complicated and lengthy process and you should get expert legal advice before deciding to push through.
Marino Lawyers has a team of experienced lawyers who can help you out. We have offices in Cairns, Port Douglas, Edmonton, and Babinda. You can call us on (07) 4081 6700 for more information.