Resolving Disputes

No one really wants to find themselves in a conflict with their clients, however, sometimes, even with clear lines of communication and contracts, disputes still may happen and it becomes a tug-of-war on who is right, and you find yourself in the middle of a conflict headache that you never wanted in the first place. So, what do you do to resolve this conflict?

• Negotiations

Negotiations help provide the parties involved the most control over the resolution, allowing for both parties to be flexible and create compromises that work for both parties while preserving the relationship. It can also be the most cost effective method since you aren’t getting the courts involved. 

However, negotiations can also come with the most risk as you may be dealing with ineffective communication and unwillingness to compromise which can lead to more heated disputes and cause unnecessary delay in actions. 

• Mediation

Like mediation, you have flexibility in coming up with a resolution that will work for both parties. By bringing in a third party to facilitate the negotiations, you can also preserve the relationship. This is also less costly than heading toward arbitration or litigation. 

Mediation agreements may be difficult to enforce, and there is no guarantee of a resolution that doesn’t require further action, also causing a delay in resolution. 

• Arbitration

The arbitration process usually proceeds more quickly with fewer procedural requirements, and allows for a more tailored approach to resolving disputes. Arbitration awards are usually final and binding and can make sure that each party can move forward with certainty of what is expected and needs to happen. 

Arbitration can be an expensive option and may have inconsistent rulings for similar cases, however, these awards are usually binding and not subject to appeal, so if there is a feeling of unfairness or unjustness about the outcome, there is very little recourse. 

• Litigation

This option provides the least amount of flexibility in the decision making process, however, it comes with the ability to enforce the ruling  and provides consistency in rulings and the ability to appeal. 

However, litigation can be expensive, time-consuming, and make the relationship between the two parties adversarial. 

Settling disputes can be a difficult and tiring process, Irvine Legal can help ease some of the stress by helping you resolve those conflicts.