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Dispute resolution involves parties meeting to discuss the situation and reach a fair settlement. An arbitrator suggests steps for resolution, but if an agreement cannot be reached, the dispute may go to court. Legal representation is not required, and anything can be requested or offered. The process is voluntary and can end at any time, but going to court incurs considerable expenses.
The dispute resolution process normally begins with each of the parties involved meeting and discussing the situation in its entirety. Once each party has expressed their concerns and views, an arbitrator will typically suggest steps to resolve the dispute. If the conversation goes well and both parties can agree on a fair settlement, the dispute resolution process ends with a binding legal contract outlining the settlement. When an agreement cannot be reached, the dispute is likely to be rescheduled for consideration in court.
It is generally believed that it is a good sign for all parties involved to participate in a dispute resolution process because it allows each party the opportunity to resolve the dispute without hefty attorney fees. When the meeting begins, the accuser and the defendant will both take turns to express their opinion on the matter, and it is often a tense situation. There is usually an arbiter in place to ensure conversations don’t stray too far from the issue at hand, and this individual has complete control over how the resolution will play out. While he is not there to take sides or make judgments, the referee should not allow anyone to be bullied during the proceedings.
Legal representation is not required for the dispute resolution process, but many people still choose to have an attorney present. While this meeting is normally held within a court of law, each party is permitted to speak casually. Once the arbiter feels that each side has shared their point of view, he will ask each side what a fair solution would be. In some situations it may involve monetary compensation, but in other cases it may also involve the granting of certain rights, benefits or reprimands. Absolutely anything can be requested or offered during the dispute resolution process; it is solely at the discretion of each party what constitutes equity.
As the dispute resolution process is completely voluntary, both parties are free to end discussions at any time. In many cases, this means that an agreement is reached, but in other situations one of the parties may walk away from the meeting out of frustration. An important fact to remember is that both parties only get an attempted peaceful resolution, and if the case goes to court, both parties would incur considerable expenses. The attorney fees alone could add up to a lot more than what it would cost to settle the case in a civil manner, which is why companies often embrace the dispute resolution process in the first place.
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