Report on Appraise different methods of dispute resolution

It can be noted that these dispute resolutions are used to solve different issues present between different parties that are agreed upon the contract. It can be noted that there are various methods will be explained one by one and then after this, there is a selection of one method for resolving the issue.

Lawsuit: It can be noted that in this proceeding a party or number of people are in practice with the court. This team is used in the reference of the civil action will be conducted in the court. It is one of the most dangerous methods to resolve any dispute present in the contract. For solving any dispute arise between these parties both of them will be presented in the court. Then after this, they will highlight their points to the court. According to this fact, the judge will present the result in the court and dispute will be resolved (Moore, 2012)

Arbitration:

It is also considered as a method of ADR. It is also considered as one of the most important methods to resolve any dispute present between the two parties but outside the court. In that case, the dispute is decided by one person. This type of method is mostly used for resolving the commercial disputes present between the contractor and client (Allison, 1990)

Collaborative law: It is also called as collaborative practice. This law is related to the family (Beaulier, 2020)

Mediation: It is considered as an important method to resolve any kind of issue present between the two parties. This method will be applied when the third party is involved in assisting disputing parties for resolving the conflict by the use of negotiation and communication techniques (Allison, 1990)

Conciliation: This method to resolve a dispute is used by the big parties that contain a lot of members. For this purpose, they will present points based on the problem. Then after this other members will participate to solve that particular problem (Sgubini, Prieditis , & Marighetto, 2004)

Negotiation: It is one of the easiest ways to resolve conflict present between the two parties. For that case, both of these parties are involved in incomplete communication. The contractor and the client will sit together and mention their points about the contract to solve the dispute. Through negotiation, any dispute can be resolved without any difficulty (PON STAFF, 2019)  

Facilitation: In this type of method, the group of people are agreed upon their common objectives. Then according to these objectives, they make a proper plan on how to complete it with perfection. For that case, the particular party just have to make a proper list of the common objectives and showed it to the next party. Then they will agree upon such objectives. After this, they will make a proper plan for resolving any dispute present in these parties (Spangler, 2003)

Now according to the given scenario, the contract was held between the contractor and a client. Due to this, there are only these ADR methods can be applied easily include

·         Conciliation

·         Mediation

·         Negotiation

Due to this method, both contractor and client can easily properly resolve this issue.

Now the next thing is that through negotiation it will become easy to highlight different issues of the contract and then after some time it will be resolved easily without going towards the court of taking any legal action against him. On the other hand, in such contract issues, the conciliations are usually free to use. This is because it is considered less formal than arbitration method. Moreover, mediation is quite similar than negotiation. It is also more effective than negotiation. This is because in that case, the contractor can easily solve the problem of the client without any trouble. The contractor just focuses on the contract issue and finding the best way to solve it with its client. This can be done more easily by taking suggestions from the client. For this propose both the contractor and the client has to find the common ground for solving this problem. After this, the contractor will insist on the client towards the agreement and if the client still facing any issue he can still make changes in it. Moreover, the contractor is not the only person that can decide on the contract. Both parties must have to agree upon the same solution (Allison, 1990)

According to this case, mediation ADR method will be applied by the contractor to solve this problem effectively. Now there is a need to make a mediation document for resolving the problem of the contract between the contractor and client.

Mediation document

Address:

Street number:

House number:

Telephone or mobile number:

Email:

Website:

A solution suggested by the contractor with complete details,

Claim gave by the client.

Solution provided by the client

Signature of contractor

Signature of client

By solving this document both the contractor and client are able to resolve their issue in a proper way without going towards the court or use any legal standards.

Task 2B: According to the above situation, I have selected the mediation method to solve this problem. This is because through this both client and contractor are able to better understand the problem of the contract and solve the required issue. Besides this, there are some other advantages of this contract that will be discussed in a proper way in the given section.

One of the best advantages of mediation is that both of the parties are directly involved in the agreement. This means that both the contractor and the client are able to negotiate the problem in a proper way and then according to that they will find out the correct solution (Padhye, 2019)

The next plus point about this agreement is that there is no need for any settlement that will be imposed on you. This means that like in arbitration, there is a need for a settlement when both of these parties has to settle down for resolving any issue. This means that the contractor and client are free to give their relative point about the agreement or contract and then further actions can be taken easily in a proper way (Padhye, 2019)

Another most important advantage is that all proceedings will be conducted in private. This means there is no need to go towards the civil court to mention your point in front of them. For that case, both contractor and client will sit together and discuss important points regarding the contract in a proper way (Padhye, 2019)

It can be noted that the mediation is only placed between the two parties when there is a problem in the dispute of the agreement. Due to this, it can be easily reached towards the other end in a quick way with the help of different communication operations. For this purpose, there is just a need for regular negotiation without going through the problem of court.

The next fact is that during the mediation process both the parties have the service of an experienced person. From that person, they can easily take regular suggestions about the problem and decide according to that. For that case, it will be extremely simple for both parties to find out the common ground in a quick way without any trouble. This shows that both the contractor and client are able to make decisions without any sort of difficulty (Feinberg, 1989)

There are another one of the best advantages of this method and it is related to the cost factor. It can be noted that the cost of the agreement will be reduced in this method. This is because it can be noted that for accepting this particular contract both parties are not required to go towards the court for further proceeding. This shows that both the contractor and the client are not required to pass through the court or arbitration process for the agreement (Madison Law, 2017)

Furthermore, the next important thing is that if the mediator is going for the alternative solution for the given problem then it will be completely accepted by both parties. This means that if the client is using the alternative method like the negotiation for solving the problem then there is no need to go through the court process for the sake of agreement.

It can be noted that if the parties are using the lawsuit method for resolving their issue related to the contract then there will be no change of reestablishment between the two parties. Both of them will never make any contract together. But the power of mediation is extremely high. This is because due to this both parties can easily re-establish their relationship in an effective way. This is because there will be no requirement of any court action. Both the parties are just required to negotiate with each other until the dispute is resolved between them.

Another advantage is that if the mediation is not successful between the two parties then there will be no need to pass through the legal process. For that just you are required to discuss important points in a proper way and take actions on them.

The experience about the dispute method

According to my point of view, mediation is the best solution for reclosing dispute in the agreement between the client and contractor. According to this given scenario of the contract, if the contractor and clients just agree upon the given point then it will become simple to resolve the issue properly. According to my experience in analysing and comparing the contract, clauses are extremely positive. This is because they have used the mediation method to solve this problem. There are some ways through which both parties are able to contribute to dispute avoidance and resolution between the contract and the client. It shows that if these members are able to make a regular decision with the help of this contract then there will be no trouble in solving this problem. The contract is based on the future of the contractor and client. Due to this fact, if they are using negotiation and mediation method then this contract can easily solve this problem without going towards the court. It can be noted that the mediation is only placed between the two parties when there is a problem in the dispute of the agreement. For that case, it will be extremely simple for both parties to find out the common ground in a quick way without any trouble. This shows that both the contractor and client are able to make decisions without any sort of difficulty. It can be noted that the cost of the agreement will be reduced in this method. This is because it can be noted that for accepting this particular contract both parties are not required to go towards the court for further proceeding. Both of them will never make any contract together. But the power of mediation is extremely high. This is because due to this both parties can easily re-establish their relationship in an effective way. This is because there will be no requirement of any court action. It will give a positive indication about the given problem of the contract (Knickle, McNaughton, & Downar, 2012)

References Appraise different methods of dispute resolution

Allison, J. R. (1990). Five Ways to Keep Disputes Out of Court. Retrieved March 31, 2020, from https://hbr.org/1990/01/five-ways-to-keep-disputes-out-of-court

Beaulier, M. (2020). What is Collaborative Law? Retrieved March 31, 2020, from https://www.mediate.com/articles/beaulier1.cfm

Feinberg, K. R. (1989). Mediation - A Preferred Method of Dispute. Pepperdine Law Review, 16(5).

Knickle, K., McNaughton, N., & Downar, J. (2012). Beyond winning: mediation, conflict resolution, and non-rational sources of conflict in the ICU. Critical Care, 16(3).

Madison Law. (2017). Five Benefits of Mediation. Retrieved March 31, 2020, from https://madisonlawapc.com/wp-content/uploads/2017/04/Five-Benefits-of-Mediation-Web.pdf

Moore, L. C. (2012). Litigation 101 - What Happens In A Lawsuit? Retrieved March 31, 2020, from https://www.fosterswift.com/communications-Litigation-101-What-Happens-In-A-Lawsuit.html

Padhye, A. (2019). Mediation As An Effective ADR Mechanism. Retrieved March 31, 2020, from https://www.mediate.com/articles/padhye-mediation-effective.cfm

PON STAFF. (2019). Alternative Dispute Resolution (ADR) Techniques: Negotiating Conditions. Retrieved March 31, 2020, from https://www.pon.harvard.edu/daily/dispute-resolution/negotiating-terms-and-conditions-to-reach-an-agreement/

Sgubini, A., Prieditis , M., & Marighetto, A. (2004). Arbitration, Mediation and Conciliation: differences and similarities from an International and Italian business perspective. Retrieved March 31, 2020, from https://www.mediate.com/articles/sgubinia2.cfm

Spangler, B. (2003). Facilitation. Retrieved March 31, 2020, from https://www.beyondintractability.org/essay/facilitation