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LSDefine

Simple English definitions for legal terms

dispute resolution

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A quick definition of dispute resolution:

Dispute resolution is a way to solve problems between people without going to court. It can be used for any kind of problem, like with family, work, or money. There are three main types of dispute resolution: negotiation, mediation, and arbitration. Negotiation is when people talk and try to agree on a solution. Mediation is when a neutral person helps people talk and find a solution. Arbitration is when a person or group makes a decision that both sides have to follow. Dispute resolution is usually faster and cheaper than going to court, and people have more control over the outcome.

A more thorough explanation:

Dispute Resolution refers to the various processes used to resolve a dispute between parties. It is an alternative to litigation and can be used to resolve any type of dispute including family, neighborhood, employment, business, housing, personal injury, securities, consumer, and environmental disputes.

Parties can choose to resolve their dispute via Dispute Resolution, or it might be prescribed by the court in early stages of litigation to give parties a chance to resolve their dispute before going to trial.

There are many types of dispute resolution processes, but the three most common types of alternative dispute resolution are:

  • Negotiation: The least formal type of ADR. The goal of negotiation is to help parties to come to a consensus on their own, parties can involve a neutral third party into their negotiation to help facilitate an agreement.
  • Mediation: The process where a neutral third party (usually a professional mediator) helps disputants to resolve their dispute. Mediation is usually more formal than negotiation but less formal than arbitration.
  • Arbitration: One of the most formal types of ADR, even though it is less formal than a traditional trial, arbitration is usually performed by professional arbitrators (one or a panel) acting as ‘judges’ and parties have to follow the rules predetermined in their arbitration agreement.

Dispute resolution has several advantages:

  • It is usually cheaper and faster than litigation.
  • ADR is less formal and has more flexible rules than litigation.
  • In certain cases, parties have greater participation in reaching a solution, as well as more control over the outcome of the dispute.
  • Some types of ADR (like mediation and negotiation) preserve an opportunity for the parties to proceed with litigation if they are not able to resolve their dispute via dispute resolution.

For example, if two neighbors are having a dispute over a property line, they can choose to resolve their dispute through negotiation or mediation. They can involve a neutral third party to help them come to an agreement. If they are not able to resolve their dispute through negotiation or mediation, they can proceed with litigation.

Another example is if an employee is having a dispute with their employer over wages. They can choose to resolve their dispute through arbitration. They can agree to follow the rules predetermined in their arbitration agreement and have a professional arbitrator act as a judge. The outcome of the arbitration is usually binding.

dispute | disregarding the corporate entity

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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