Many people treat civil litigation as the last form of recourse available for resolving a dispute. The courts can fully settle issues by ordering specific actions, terminating contractual responsibilities and affirming whether one party violated an agreement or the rights of another party. The courts can also provide vindication by validating that the claims of the plaintiff are legally valid.
Some people can talk about their issues privately and resolve them. Others may find the conflict levels escalating when they try to communicate directly about the dispute without any outside support. In scenarios where resolving a dispute amicably has proven difficult, people frustrated by the conduct of others may decide to initiate civil litigation. Individuals and businesses can seek relief from the courts. They can resolve disputes and even pursue compensation with a successful civil case.
After filing the lawsuit, the plaintiff may find that the other party involved in the dispute may suddenly become more receptive to suggestions about settling the issue. In some cases, pending litigation can serve as a powerful incentive to resolve the matter before the trial occurs. Alternative dispute resolution can be an excellent option for those hoping to resolve an issue while litigation remains pending.
What is alternative dispute resolution?
Those preparing for litigation often choose between one of two main types of alternative dispute resolution. They either attend arbitration or mediation. Both of these systems involve working in a confidential setting with a neutral third party.
An arbitrator acts much like a judge does. They hear from both sides and determine the most appropriate way of settling the dispute. A mediator focuses more on compromise and communication. It is possible to attempt arbitration or mediation to see if an amicable resolution is possible.
Non-binding mediation or arbitration sessions are often the best option. That way, if the plaintiff is not satisfied with the outcome, they can move forward with the litigation instead of relying on the outcome of the mediation or arbitration. When there is a lawsuit hearing pending, the defendant facing litigation may have more reason to settle the matter amicably and quickly.
Remaining open to the possibility of alternative dispute resolution can be beneficial for those preparing for complex business litigation. Settling outside of court can speed up the resolution of the dispute, which could make mediation or arbitration a worthwhile option.