When you are in the middle of a business dispute, it is recommended to opt for ways that do not lead to court involvement. A popular way to resolve business disputes while avoiding litigation is ADR. ADR (Alternative dispute resolution) are strategies that help you to solve your issues without going to court. All ADR techniques involve the help of a third party in one way or another, and for this, Palm Beach County, FL Business Mediator is at your service. Following are ten ways you can avoid litigation:
Arbitration is a very popular technique to avoid court sessions. In this, a neutral party works to resolve the problem by binding the two opposing parties with a contract. Arbitration benefits you in the way that it costs a lot lesser than litigation. Arbitration is even opted to solve international business disputes when business of other countries is involved, and it is one of the most widely used ADR strategies to avoid court hearing.
Conciliators help the opposing parties in a business dispute to avoid going to court. This is done by meeting the opposing parties separately and understanding their stance and needs to work on developing a working and mutually professional relationship. Conciliation is also known as the common ground for the two ADR techniques; arbitration and mediation. Conciliations do not bind the parties and do not have the authority to ask for evidence.
Mediator is a neutral person who has no interests in the dispute, yet, he is responsible to resolve the problem among the two parties and bring them to common points. Mediation is different from conciliation because where conciliation offers solutions to the parties, mediation assists the parties in coming to an agreement. Mediators avoid any decision making themselves, rather they are just responsible for facilitation of the parties.
- Negotiating a Settlement
To avoid litigation in business disputes, one of the most common techniques is to opt for negotiation for a settlement. Court trials can be lengthy, expensive and can even be unpredictable. A business dispute can be negotiated simply by requesting the opposing party for a common agreement or negotiation. Usually, negotiation involves the ‘give and take rule’, meaning that you must give up something of yours in order to get something in return. In case the business dispute you are involved in involves a lot of money, you should prefer going to a lawyer for negotiation. They will draft the agreement according to the needs of both parties and create a binding contract. This is done in case party backs out of their contract agreement, the other party can sue them.
- Rent-a-Judge Program
The rent-a-judge program is a variation of arbitration where the business dispute is chosen to be resolved a retired judge and solve the problem, which is like an arbitrator. Retired judges also help in arbitration as well, but this program runs on the procedures of court without actually having to wait for a date or publicly proceed the case. The program is best for parties who want to solve their dispute rather privately and quickly.
Minitrial is the combination of three of ADR techniques. These involve mediation, settlement negotiation and adjudication. In minitrial, the voluntary procedures are started by the parties and most of the time, this method is used for cases where the dispute has already been reported in court. Minitrials run on the format where an executive of high rank is involved on behalf of the disputants, as well as the presence of a neutral advisor is necessary. This may also involve a former judge as well.
- Summary Jury Trial
Summary Jury Trial is a strategy that helps in resolving those disputes that are not properly solved and looked after by the litigants and no mutually beneficial outcomes are negotiated. Such cases can cause parties to lose a lot of money and time, so they opt for Summary Jury Trial. In this, the opposing lawyers select a jury of six from regular pool. The judge in the hearing announces the preliminary instructions on the law. The attorneys of both sides are expected to make opening statements and explain their evidence in short time and summarize their stance. The hearing reaches a verdict at the end and the case is solved.
- Collaborative Law
For avoiding business disputes to go forward to litigation, collaborative law is also another great option. This law works to create a mutually advantageous outcome for both the disputants such that the attorneys of both parties are also involved in working together and creating a mutually beneficial agreement. Although this type of law is used for family cases, this is new and unexplored category in business. The parties are registered on paper to maintain and develop a mutually understanding and professional relationship.
- Early Neutral Evaluation (ENE):
Early Neutral Evaluation is a method that is used for resolving business disputes when they are at their very initial stages. In this method, the disputants are expected to reach a decision based on providing their information and evidence but through a third party. The third party should be objective in this case so that there is no biasness in terms of agreement conditions for both disputants.
- Fact-Finding Method:
Lastly, the business disputes can be resolved before leading to litigation by the fact-finding method. This is a research-based method which involves clarifying the dispute. In case the business dispute is not resolved by this method, you can always opt for any other methods mentioned above. There is a fact-finder for both the parties when the situation of both parties and their attitude becomes uncompromising. At this stage, the fact-finder must become a part of the dispute and prepare a report on the negative capabilities of both the parties. This method is usually appointed by the attorneys, and not opted for as it involves the negative prospect of the parties.