What is the best forum to resolve disputes?

With the rise of alternative dispute resolution (ADR) options, parties to a legal dispute are no longer limited to dispute resolutions such as an openly public and expensive traditional court system (litigation). Modernly, parties can also choose from options such as mediation and arbitration for dispute resolution. The type of dispute resolution chosen will depend on the type and complexity of the case.

Dispute Resolution and Family Law

Hands down, mediation is the best place to resolve family law disputes. Certified mediators are able to handle everything from adoption paperwork to divorce settlements. Best of all, some mediators will even offer to travel to your home, ensuring there is no inconvenience for either party. In family law cases, the certified mediator will then give the parties a formal mediation agreement from which you can draft and file the necessary paperwork for the court.

Dispute Resolution and Merchant Law

If you’ve ever been in business, you know that dissatisfied customers are a common problem. Instead of sweating the possibility of being sued over every incident where you say no to a customer, place an arbitration agreement in the customer’s contract and argue the case in arbitration. Arbitration is an informal proceeding where arbitration lawyers can enact the case similar to how it would play out in court and will receive a suggested award amount. If it was binding arbitration, that is the amount that must be paid.

Dispute Resolution and Medical Malpractice

Many doctors have already discovered the advantages of arbitration to keep their costs down. In fact, the next time you go to the doctor’s office or hospital, take a look at the medical contract you sign. Most likely, you will see a mandatory arbitration clause in the contract. That’s because mandatory arbitration offers a private and less expensive forum for the plaintiff’s case to be heard and decided. And don’t worry, arbitration is still heard by a judge, so the decision is the same as what you would have received in litigation.

Case Studies: Choosing the Best Forum for Dispute Resolution

Case Study 1: Resolving Family Law Disputes

Sarah and David, a couple going through a difficult divorce, were determined to find an amicable and less adversarial way to settle their issues. Instead of opting for a traditional court battle, they chose mediation as their preferred method of dispute resolution. They engaged the services of a certified mediator who had expertise in family law matters.

The mediator facilitated open communication between Sarah and David, guiding them toward mutually acceptable solutions for child custody, property division, and support matters. Through mediation, the couple reached a comprehensive agreement that they both felt satisfied with, allowing them to avoid prolonged court proceedings and maintain a more cooperative relationship as they moved forward with their separate lives.

Case Study 2: Utilizing Arbitration in Merchant Law

As a small business owner, Jack faced the possibility of legal disputes arising from dissatisfied customers. To protect his business from potential litigation costs and prolonged court battles, Jack included an arbitration agreement in his customer contracts. When a dispute with a customer arose, the case proceeded to arbitration instead of litigation.

The arbitration lawyers presented their arguments, and an impartial arbitrator provided a suggested award amount. As a binding arbitration clause was included in the contract, the suggested award amount became the final decision, providing a swift and cost-effective resolution to the dispute.

Case Study 3: Opting for Arbitration in Medical Malpractice Cases

Dr. Smith, a healthcare provider, was keen on managing potential medical malpractice claims effectively and efficiently. To achieve this, he incorporated a mandatory arbitration clause in the medical contracts with patients. When a patient filed a claim, the case proceeded to arbitration instead of a traditional court trial. The arbitration process provided a private and less expensive forum for the case to be heard and decided.

Despite opting for arbitration, the case was still heard by a qualified arbitrator who ensured a fair and impartial decision. This approach allowed Dr. Smith to resolve medical malpractice claims in a way that controlled costs and offered a viable alternative to lengthy court proceedings.​