Lawsuits don’t always mean going to trial. In fact, the majority of civil lawsuits are settled long before trial through out-of-court agreements. Legal experts in conflict resolution Sydney, refer to these tactics as alternative dispute resolution (ADR), which can encompass a number of ways to resolve conflicts without a lawsuit or, if the lawsuit has already been filed, without a trial.
ADR can be used for many types of disputes including divorces, business and real estate disputes, landlord/tenant disputes, contractors, disputes with contractors, financial disputes, employer-employee disputes, inheritance disputes, and conflicts between neighbors. The following are different kinds of ADR that are appropriate to consider for almost any kind of dispute.
Most cases can be settled through negotiations where those involved in the dispute (or their attorneys) directly communicate with each other to try to reach an agreement. If no agreement is reached, those involved may try alternative ways of resolving the dispute.. If the parties do reach a satisfactory compromise, they should have their lawyers put it in writing so both parties can sign it.
If your attempts to negotiate a settlement are unsuccessful, you may want to try to resolve the dispute through mediation. In mediation, a trained mediator will help you and your opponent resolve your disagreement by identifying, defining, and discussing the things about which you disagree, in an effort to help you reach a mutual agreement.
In arbitration, on the other hand, a neutral arbitrator reviews presentations from both sides and makes a decision. Such presentations could include documents related to the dispute and witness testimony provided during the arbitration. The arbitrator’s decision may or may not be binding. If the decision is binding, it generally is final and cannot be appealed (challenged). If the arbitrator’s decision is non-binding, however, you could take your case to trial if you do not agree with the decision.
Send a Demand Letter:
If negotiation and mediation have failed but you still want to avoid a trial, then the next step is to ask your lawyer to write a carefully thought-out letter to the person with whom you have a disagreement. This is called a demand letter, and should include an accurate summary of the history of the problem and a date by which you would like a response or settlement. Dispute resolution Sydney experts, say this approach may seem destined to fail, but sometimes, putting the conflict on paper, in a logical, readable manner can help the two parties rethink their stances and resolve issues on the spot.