10/18/2006

Tip #1 - Select the Right Dispute Resolution Process

When you find yourself, or your business, caught in a conflict, court is not the only dispute resolution process to consider. There are others, such as arbitration, collaborative law, mediation or neutral case evaluation. These different processes each have unique features that you can match with your dispute.

Before making the dispute resolution process selection, write down:
- what the dispute is about,
- how delay will effect the dispute and each of the disputants,
- whether the commercial or personal relationship with the other disputant is one you would like to continue,
- what expenditure of resources (time, energy and money) does resolving the dispute merit,
- the risks or benefits of a public hearing and decision,
- the level of conflict escalation, historically and predictably,
- the ability of the disputants to participate in integrative problem-solving with or without a facilitator or mediator,
- your goals and objectives for the outcome.

The answers to these questions will help you to select the right dispute resolution process for your dispute at this time. And, in most cases, if the process you select does not result in a full settlement, you can still take your conflict to court.

1 Comments:

At 6:25 p.m., Blogger Unknown said...

great tip!
Thanks Deb for your work.
Jody Quine

 

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