Resolving Disputes

Methods In Resolving Disputes

At the present time there are two (2) major methods used for resolving disputes (Non-criminal).
1) Mediation:
In this method, the parties involved agree in selecting a Mediator / or team of Mediators, who are professional, ethical and impartial (they will be called Conciliators). The Mediator(s) / Conciliator(s), by providing the proper environment for peaceful settlement, will try to bring the parties in dispute closer to each other, with the hope of achieving a final settlement agreement. In this process the mediator has no authority or judgment right, but rather as a Conciliator will try to establish proper dialogue and help to bring the case to mutual reconciliation for all parties to dispute.

2) Arbitration:
In this process disputes are submitted to one or a panel of Conciliators who are impartial, just and expert in the matter of the dispute. (Depending on the size and complexity of the case, it may require a team of three Conciliators).
In the arbitration process, Conciliators, after hearing the case presented by the parties involved in the dispute, will render judgment (or award a decision). There are basically two types of Arbitration as follows

a. Non-binding Arbitration:
Where the Award rendered by the Conciliator(s) [Arbitrator(s)] has no binding effect and each party has the right not to accept the Award or Judgment.

b. Binding Arbitration:
Where the parties in dispute agree that the decision/Award, of the conciliator(s)/ arbitrator(s) is binding and final. In the mediation or Arbitration process all parties in dispute must agree in advance. In the case of Arbitration parties must choose whether they want binding or non-binding. The agreement of the parties for Mediation / Arbitration should be in writing and in their original contract. However, parties may also mutually agree to Mediation / Arbitration at the time of a dispute.