RESOLUTIONS AND OPTIONS
Procedure
Below we share some processes as a self-help guide for certain types of disputes and their possible resolution. As a further form of guidance, having completed your registration here you can use the automated tool that will help select the most appropriate dispute resolution mechanism for your set of circumstances. Having registered also allows you access to self-help templates.
Whichever of the above options you follow, you will be receiving appropriate instructions upon selection. Please follow the instructions for best results.
Self-help guides for certain types of disputes:
Most disputes are typically not solved with a single solution. Even a court may order that a litigious matter be solved though alternative dispute resolution mechanisms. Disputesolve offers apologies, settlements, terminations, mediation and arbitration as such mechanisms – but the crux of the process remains that the parties thereto attempt to avoid the further unfolding of the dispute to the point where it becomes litigious.
In certain circumstances a dispute may arise from people who know each other to some level – and solving the problem could genuinely require only an apology – which comes at no cost, whether financially or socially. If the scenario between the parties allows for an apology, then such offers an excellent alternative to avoiding the deepening of the dispute.
For an apology to be sincere, it should comprise of the following six elements:
- An expression of regret.
- An explanation of what went wrong.
- An acknowledgment of responsibility.
- A declaration of repentance.
- An offer of reparation.
- A request for forgiveness.
Through the template you can direct an apology to another party, which may be the least financially burdensome solution in certain circumstances.
Any dispute, whether informal, civil or contractual, can and may be settled at any time before the institution of legal proceedings. This happens by agreement between the parties after negotiations and earlier attempts at solving the dispute or their grievance. In these types of negotiations, a neutral facilitator can guide and support the process.
Informal negotiations are entirely voluntary, are far less adversarial than typical litigation, and requires less financial input towards a possible resolution. The entire process may also be done in private, and be settled in private – with parties even being able to sign an agreement towards such an outcome.
A demand from one party to another is an attempt to obtain a specific performance, or non-performance, without a lengthy process of litigation.
Informal demands may be verbal or written – whereas formal methods of demands are possible with court procedures, such as a summons or application.
Any demand, however, usually requires that the party seeking the performance is capable of providing details as to the wrongful act or omission, the fault of the other party (whether intentionally or negligently), why the other party caused the fault or harm, a description of the loss that had occurred, and lastly, a direct and precise demand as to how to resolve the problem.
TEMPLATE
Through using one of the two templates on offer you can insist upon a performance, and at the same create a record that you have directed an attempt at solving the problem amicably.
A dispute may end in a settlement, but nothing prevents parties from pursuing a settlement from the outset. A settlement offer is exactly that – an offer to settle the dispute. The terms thereof are usually offered by one party, and accepted by another party, but there is space to negotiate the terms of the possible settlement.
The terms of the settlement should be negotiated by the parties, agreed to by the parties, and formally signed by the parties.
It is also possible to agree to a settlement unconditionally, or as part of a compromise. Unconditional settlement requires one or both of the parties to admit their guilt and give an admission of liability to the claim being made, whereas a compromise can be made under the denial of liability.
TEMPLATE
Through using the template on offer you can offer a settlement, and at the same create a record that you have directed an attempt at solving the problem amicably.
A mediation process will require a qualified and accredited mediator to facilitate the mediation process and to help the parties to arrive at a resolution of their dispute between themselves.
If informal negotiation or a settlement has been attempted without success, a mediator or mediation process could be the next best step towards a possible consensual dispute resolutions; but nothing prevents parties from starting with mediation right at the beginning.
At Disputesolve we can refer the dispute to authoritative mediation institutions, the most prominent of which is such as Mediation in Motion Mediators. Parties to a dispute may however also informally decide on a mediator between themselves to help with the dispute – but it is imperative that such a mediator remains as impartial as possible.
Arbitration is a private dispute resolution procedure wherein parties submit their dispute by agreement to an independent arbitrator who will make a binding decision on the dispute.
Arbitration is more expensive than mediation, as the arbitrator acts as judge over the matter, and does not merely help guide the parties towards a resolution or settlement, as arbitration will usually follow an unsuccessful mediation attempt.
The arbitration process is quite similar to a court process, in that parties will argue their case and present evidence as to such arguments – albeit in a slightly less informal manner. Arbitration however takes places privately, relies on private and not state resources, and may be determined as confidential.
The Arbitration Foundation of Southern Africa is one of the leading establishments for such processes, and they would be the point of departure for most disputes requiring arbitration.