Business disputes are part of doing business. There are several ways to resolve a legal dispute, with each option depending on the nature of the dispute, your goals, your relationship with the other party, and the timeframe and resources available to you. Warner PLLC has particular expertise in litigation, claims and disputes, and has the knowledge needed to walk you through the appropriate approach, whether that’s negotiation, mediation, arbitration, or litigation.
Negotiation
Negotiation can be an effective tool in early resolution of disputes. It involves discussing the actions parties can take to manage and resolve a dispute. The dispute may be an existing one or a hypothetical one parties wish to successfully navigate in the future. Negotiation is voluntary, informal, flexible in scope, and involves two or more parties as well as their representatives.
Negotiation is a flexible and interest-based approach to dispute resolution and provides an opportunity for both parties to design a solution that mutually works in their favor. It can also be a less expensive and faster process than litigation – and can avoid the need for litigation. Drawbacks include its open-ended nature and the reliance on effective communication between both sides. Additionally, if parties cannot agree on an outcome, litigation may still proceed.
Mediation
Mediation is similar to negotiation but uses a neutral third party to help resolve disputes. The goal is to find common ground between the two parties and to create a “win-win” outcome that paves the way for positive future dealings between the two parties. Like negotiation, mediation can also help resolve a case in its early stages prior to beginning litigation.
Mediation is confidential, protects relationships, and doesn’t involve the imposition of an outside solution. It’s also less expensive than arbitration or litigation. While mediation can be an effective and efficient approach to dispute resolution, it assumes that both parties are acting in good faith and will be willing to mutually compromise. If communication has broken down between the two parties, the dispute may need to proceed to arbitration or litigation.
Arbitration
Arbitration involves settling a dispute in front of a private arbitrator, such as a retired judge or experienced attorney selected by the parties involved in the dispute. Though similar to litigation, it does not use the state or federal court system.
Arbitration tends to be faster and more streamlined than litigation, with binding agreements that are “final” and not subject to appeals or post-court reviews. It is also a private process. Although the arbitrator will need to be paid, the process is typically more cost-effective than litigation. However, some challenges are the finality of agreements, which provide little recourse to the losing party, the unavailability of a jury trial, and the potential industry bias of the chosen arbitrator.
Litigation
Litigation is the default approach for resolving disputes. Litigation begins with filing a complaint in court, with the case proceeding through trial in front of an impartial jury or judge. The judge or jury decides who wins and what damages should be awarded. Litigation provides a final result with the rule of law behind it and can be used to set legal precedents. However, litigation is expensive, slow, and public, with a lengthy appeals process. It is often the preferred choice when a landmark legal decision or significant settlement is sought.
Consider Warner PLLC for Your Resolution Needs
With extensive experience in tailored, effective dispute resolution, Warner PLLC is a powerful partner when it comes to navigating – or avoiding – disputes. Well-versed in litigation, claims and disputes, we will work closely with you to outline your best options and to design a solution that aligns with your business goals. Contact us today to learn more.
