Dispute Resolution
There are various dispute resolution services available to help individuals and organizations resolve conflicts and disputes.
The oldest and time-tested one is the public court system. The are advantages and disadvantages for organizations when selected the public court system. Main advantage is that the court system is financed publicly. Main disadvantage as perceived by many organizations is that the proceeding are public and negative publicity may be a side-effect. It is always worthwhile to have a look at the court system in the country at issue before deciding to go to court.
There are alternative dispute resolution methods which are usually confidential but some come with a significant price tag.
Here’s a list of some common types of alternative dispute resolution services:
A mediator facilitates communication between parties to help them find a mutually agreeable resolution. Mediation is often used in family disputes, workplace conflicts, and commercial disputes.
In arbitration, an impartial third party (arbitrator) reviews the evidence and arguments presented by both parties and makes a binding decision. It is a more formal process than mediation.
Similar to mediation, conciliation involves a neutral third party assisting in resolving disputes. The conciliator may offer suggestions or propose solutions to the parties.
This is a direct communication process where the parties involved try to reach an agreement without the involvement of a neutral third party.
An ombudsman is an independent officer who investigates and addresses complaints from individuals against organizations, institutions, or governmental bodies.
Some court systems offer mediation services to parties involved in legal disputes to encourage settlement before going to trial.
ODR platforms facilitate the resolution of disputes online, often through a combination of automated processes and mediator/arbitrator intervention.
Commonly used in educational settings, peer mediation involves students mediating disputes between their peers.
Community-based organizations may offer mediation services to address conflicts within a community or neighborhood.
Specialized services may focus on resolving conflicts between employers and employees or labor unions.
Specialized services and organizations help resolve cross-border disputes involving parties from different countries.
Dispute resolution services tailored for resolving conflicts in the business and commercial context.
Organizations may offer mediation or other resolution methods to address conflicts over environmental issues.
Some financial institutions have dispute resolution mechanisms for resolving conflicts between customers and the institution.
Please keep in mind that the main focus of our support in your projects is to avoid the often costly dispute resolution process. However, if it comes to it, it is highly beneficial to have an independent case review based on the available project documentation and to prepare the customers position in cooperation with legal counsel. Part of this is the preparation of expert witness testimony in a variety of fields such as technical, commercial and contractual aspects of the project. Forensic accounting is a must to evaluate claims for additional cost claims.