Disputes Between Individual: Legal and Non Legal

Individual Dispute Methods:

The legal system provides a necessary structure for the resolution of many disputes. Legal and Non-Legal methods are two of these resolutions. Non-legal methods, otherwise known as “alternative dispute resolution” (ADR) has many forms and these include mediation, arbitration, conciliation and also, the publicity that can be found through the media. Legal methods are usually executed through litigation and the courts.

However, Non-Legal methods are often seen as the more flexible alternative, that is also lower in cost and time consummation. Moreover, control is given to the parties, allowing one to decide how one would like to deal with their matter. Non-Legal resolutions also aim for a situation that is “win win”, as there is no clear ruling to a winner or loser, in retrospect to Legal resolutions.

As previously stated, non-legal methods of resolving legal disputes include mediation, arbitration and conciliation.

Mediation is a confidential process, in which a third party, impartial to the remaining two parties acts as a “mediator” to facilitate a new resolution to the parties’ disputes. Mediation, although formal, non-adversarial and non-binding, is process which objective is to assist parties to reach a mutually acceptable or satisfying agreement on all or part of their dispute. However, the decision to do so rests with the parties, not the mediator, offering control over the situation to the parties. The mediator will not render opinions or decisions and is merely an unbiased third party. No fault or liability will be made by the mediator, rather, the mediator will act as a guide to the issues of the dispute and will help the parties explore settlement alternatives and reassess goals and objectives.

At times, mediation is a less damaging option, especially if the dispute is at the expense or need to preserve a business or personal relationship between parties. Therefore, it may be important to resolve a dispute in a...