Your Own Encyclopedia For Understanding Dispute Management
Resolving a dispute in a personal level is different from the process of international dispute resolution in the official level. To be more specific on this, dispute resolution is a corporate level process where those who are involved in a relationship of strife with each other are considered are parties. There are lots more to know about dispute management in the official level. Here is your own encyclopedia for better understanding of dispute management. Watch out.
- Understanding Various Methods for Resolving Disputes
In the corporate level, International Disputes between two parties are usually solved by means of few specific methods. Among them the most commonly used methods are lawsuit or litigation based method, arbitration, application of collaborative law, mediation, conciliation, implementing various sorts of negotiation and facilitation.
- Understanding Processes of Dispute Management
Although there are various methods for resolving political and corporate level disputes, the processes that are implemented fall into two major categories. The first one of the processes is adjunctive and the second one of the consensual process.
- Understanding Difference Between Adjunctive and Consensual Processes
The presence or absence of a judge in the process of resolving disputes between two parties determines whether it is an adjunctive procedure or a consensual procedure. To explain it more clearly, in case of the adjunctive process a judge, or the jury members, or an arbitrator resolves disputes between two parties or opposing International Franchises mostly by means of methods like litigation or arbitration. On the other hand, when the consensual process is implemented, disputes between two parties are solved by means of methods like con conciliation, negotiation, collaborative law, mediation, etc. The nature of dispute resolution in this procedure is mutually cooperative. In this process, attempts are made to reach a common point of agreement in between the disputing parties with mutual consent.
- Understanding the Major Types of Disputes
At the corporate level, disputes and disagreements between two parties fall under three basic categories. While the first category of disputes is judicial, the other two are extrajudicial and online disputes.
- Understanding Judicial Dispute Management
If management of disputes between two parties takes at a judicial level, it is called judicial dispute. In such situations, methods like collaboration, mediation, negotiation, etc. and other such mutually agreeing methods are not accepted by any of the parties involves in dispute with each other. Sometimes, application of coercive power is also required for resolving disputes of this category. In most cases, litigation and law suits, which are facilitated by the government, are chosen as the most preferred method for resolving judicial disputes. However, the most distinctive aspect of judicial dispute management is that the outcome is decided by the judge, jury members or an arbitrator.