In eDiscovery, we often focus on the use of our tools and processes to support litigation matters and court proceedings, however, eDiscovery can be used for a much wider variety of dispute resolution techniques. In a previous blog post, we studied how eDiscovery tools can be used to enhance arbitration cases and improve efficiency, but what about the other sub-divisions of dispute resolution?
Dispute resolution - the process of resolving conflicts or disputes between parties, typically without resorting to litigation or court proceedings. It encompasses various methods and techniques aimed at reaching a mutually acceptable resolution to the disagreement. Dispute resolution can occur in a variety of contexts, including legal, commercial, interpersonal, community, and international disputes.
What does dispute resolution cover?
- Negotiation - Parties engaging with each other to find mutually beneficial solutions to their circumstances.
- Mediation - An impartial third party helps parties come to a voluntary agreement by facilitating open and effective communication. The rulings made within mediation are non-binding
- Arbitration - Similar to mediation, arbitrators assist parties in reaching agreements, however, unlike mediation, some arbitration decisions can be binding.
- Litigation - Solving disputes through the court system, presenting your case to a judge and/or jury to receive legally binding judgements.
- Conciliation - Parties working with a neutral third party that can take a more active role in proceedings, offering advice, suggestions and proposing solutions.
- Online Dispute Resolution - A newer addition to the ranks of dispute resolution techniques, this encompasses all the other dispute resolution options, simply in an online format.
- Collaborative Law - Each party is represented by a specially trained attorney, and the parties commit to resolving their dispute through negotiation rather than litigation.
