Legal disputes and cases are generally resolved in a court trial before a judge or jury. But the parties in disputes have different ways to try to resolve their disagreements. They can either file a lawsuit in court, or they can pursue an alternative dispute resolution method such mediation. But before moving forward with possible alternative dispute resolutions, you should be aware of those things.
Litigation refers to the utilization of state or federal court proceedings to resolve a dispute with respect to the rules in place in that jurisdiction. Litigation is emotionally draining, costly, unpredictable and it takes more time to proceed. Cases in litigation are heard by a judge or jury. With litigation, you are never sure of your result until a judge or jury chooses who is correct and who isn't right. each party retains a lawyer and all information submitted to the court becomes part of the public record. Court proceedings, disputes, and lengthy negotiations can take several months or years.
Mediation is turning into a progressively famous strategy to remedy some of the shortcomings of litigation. Mediation employs a neutral third party who does not judge the case but helps facilitate a discussion, limit the issues, and put them in perspective to resolve the conflict. Mediation is less expensive, more private, and highly effective in resolving struggle peacefully than litigious court battles. If parties are incapable to resolve their problems through mediation, they are still free to look for recourse through litigation or arbitration. Usually, only one lawyer as a neutral mediator involved in mediation. The parties communicate and brainstorm in order to formulate creative solutions.
If two or more parties have a conflict that they think may be suitable for mediation, they may contact an attorney to advise them on the benefits of mediation versus litigation and to help them find a mediator. If the parties like to mediate individually without the assistance of lawyers in South Africa, at that point they should contact their state bar association who will have a list of mediators to contact for an appointment. Regardless of which strategy you select to resolve your issues, you are always free to settle your dispute with the other side; and the party who initiates the complaint is free to withdraw his or her complaint at any time prior to — or even during — litigation or mediation.
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