Lack of effective communication is a primary cause of disputes. To avoid the emotional and financial costs of litigation, the amicable resolution of any disputes should be facilitated. The first step in dispute resolution is negotiation. Each party to the dispute should be encouraged to meet with the other parties to discuss the basis of the dispute and to seek an amicable resolution. This is the least expensive and most efficient form of dispute resolution.
The party asserting the claim should notify the other party in writing of the claim/dispute, stating plainly and concisely the nature and basis of the claim/dispute and what it wants the other party to do or not do to resolve the Claim. The parties to the dispute should then make every reasonable effort to meet in person at a mutually acceptable place as soon as practical to resolve the claim/dispute by good faith negotiation.
If the parties are not able to resolve the claim through negotiation within a reasonable period, the parties should be encouraged to submit the claim/dispute to mediation under the auspices of a mediation center or individual mediator on which the parties mutually agree. The costs of the mediator are generally shared equally by the parties. The cost of a mediated settlement are considerably less than those incurred in arbitration or litigation
If the parties do not settle the claim within a time deemed reasonable by the mediator, the mediator will issue a notice of impasse of the mediation proceedings indicating that the parties are unable to resolve their dispute. Thereafter, the party asserting the claim may file suit, initiate arbitration, or commence administrative proceedings on the claim/dispute as appropriate.
Please contact us if you need to learn more on how to effectively use dispute resolution techniques in the efficient and cost effective settlement of any disputes in which you are involved.