Courts, laws, regulations, etc are put in place to ensure smooth disposal of disputes. They set the guidelines that can be referred to, in the event people disagree. The process of taking any disputes to the court for disposal or settlement is called â€litigation’. Often, litigation is resorted to when the dispute cannot be sorted out amicably or the third party interference also fails to resolve the issue. Unfortunately, litigating a case in court is both time consuming and expensive. Arbitration and mediation have gained popularity over the years owing to the tedious and time consuming process of litigation. Going through the process of hiring attorneys, paying their hefty fees and fighting it out in the court, can be a very stressful experience. The unpredictability and time consuming nature of the litigation may in the end be it’s undoing. Arbitration and Mediation: Viable alternatives Both, arbitration and mediation are almost similar in the sense that they employ a third person mediator to resolve the dispute. However, arbitration is binding whereas mediation is not. The Mediator often acts as the facilitator to help both parties come to a smooth disposal. Mediation is gaining immense popularity as it does away with the tense and formal ambience that occurs with arbitration an litigation. Mediators facilitate the free presentation of ideas and a chance to put them in proper perspective. Litigation: The last resort Many times it is observed that the easy and informal methods of dispute resolution do not work out. The two parties involved in the dispute refuse to accept anything other than that of their interest; and that leads to litigation. Litigation should be treated as the last option as it has many disadvantages. Mainly, the fees of the attorneys and court can dig deep into your family’s finances. Secondly, time frame is never certain. It may take years before the decision is declared. Thirdly, you have no control over the outcome. Also, litigation makes your affair a public one. Many of your private matters may be bared for public glare. In a future article I will discuss Collaborative law which is another method of Alternative Dispute Resolution.
Please Rate this Article 5 out of 54 out of 53 out of 52 out of 51 out of 5
Not yet Rated
