PRACTICES FOR AN EFFECTIVE SOLUTION

The Willingness to Negotiate

A willingness to negotiate remains the ultimate arbiter of success through difficult disputes – which is why Disputesolve allocates a prominent role to the ability to negotiate open and freely. The tenets of our common law dictate that negotiation may occur at any time before parties take their dispute to court, and whilst there are many theories on the art of negotiation, the crux thereof remains the willingness to negotiate. This willingness is the cornerstone of our dispute resolutions mechanisms: to negotiate, and to demonstrate such intention practically towards the other party.

A Continuum of Alternatives

Serious and significant disputes often require more than one dispute resolution mechanism, the ultimate solution therefore comprising of a combination of mechanisms. A process may start with a formal apology and only be settled through arbitration; parties in dispute may start with the consideration of arbitration, but then settle the dispute through careful negotiation and mutual consideration – such multiplicities of possibilities is however facilitated by Disputesolve, as each problem should have a unique solution.

The Value of an Early Settlement

A potentially lengthy dispute may however also be solved through early settlement, and such an option is also available through the platform. Early settlement herein refers to an agreement to such an affect, but settlement may also comprise of a sincere apology genuinely accepted by the other party and recorded as such.

Termination of the Relationship

For some disputes the best solution may be to terminate the relationship that gave rise to the dispute. This can usually happen through the termination clause of the applicable agreement or relationship, but can also be facilitated through the mechanisms offered here.

Guidance by a Neutral Facilitator

Often a dispute requires an independent and neutral facilitator to help guide the parties to a solution for their dispute – and here parties should consider the merits and usefulness of mediation. Contracts could have a mediation clause that requires of parties to pursue mediation before the dispute is escalated, but nothing prevents parties from pursuing this mechanism voluntarily. After all, mediation is internationally recognized for its usefulness, its consensual nature and for its wide application.

Arbitration – A Private Courtroom

It is however abundantly clear that some disputes, whether from the nature of the dispute, or the parties thereto, cannot be solved mutually, and requires an independent adjudicator. Arbitration then serves as the recognized practice for the private adjudication of disputes, and typically follows after unsuccessful mediation - especially with an increasing number of contractual and associated legal documents requiring arbitration, or a combination of arbitration and mediation.

Through these alternative processes and principles, the Disputesolve platform actively promotes the principle that parties in dispute resolve, or attempt to resolve, their dispute before any formal proceedings towards litigation commence.

The methods of negotiation and its various derivatives facilitated here could therefore be the difference between a timely and elegant solution, or a lengthy and emotionally damaging dispute ending in severe legal costs.