Dispute Resolution Systems

Introduction

Dispute Resolution System (DRS) is a general term used to determine how to resolve disputes out of court, for example, mediation or arbitration. DRS programs are increasingly important today as parties and the judiciary alike are now trying to find programs that will lead DRS outside the traditional legal system and resolve their disputes quickly and cost-efficient. DRS reflects a serious effort to design viable and just alternatives to traditional civil litigation.

Types of dispute resolution systems

The conflict resolution processes fall into two main types:

1. Procurement processes such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome.
2. The process of mutual agreement, such as collaborative law, mediation, conciliation or negotiation, in which the parties attempt to reach an agreement.

Not all disputes, including those in which specialist intervention occurs in the final resolution. Such intractable disputes form a special area in dispute resolution studies.

Dispute Resolution in International Trade: Negotiation, Mediation, Arbitration and Legal Action

There are several types of programs of DRS. The best known are:

1. Negotiation - This is the direct negotiation between the two parties to a dispute in an attempt to resolve the dispute without the intervention of others. Many real estate agents use this form of DRS without realizing it. An example would be when a buyer calls unhappy after a walk through and find that the seller broke the mailbox as he left the house. A broker can offer to purchase a new mailbox in order to resolve the conflict. This decision has been made using the DRS program of negotiation.

2. Mediation - In mediation, a neutral third party assists disputing parties in negotiating a mutually acceptable agreement. Mediators do not make decisions but to help facilitate the parties to the dispute to reach their own agreement to clarify the issues, using persuasion and other conflict resolution strategies. Although there is no guarantee that the conflict will be resolved, surveys show that settlements are reached more than 80% of the time.

3. Arbitration - Arbitration is probably the best known method of DRS. In arbitration agreements, the parties agree to submit existing or future disputes in a neutral third party, an arbitrator who will decide how the conflict will be resolved. In binding arbitration, the decision is a final resolution of the dispute. In the non-binding arbitration, the parties choose whether to agree with the referee's decision or continue the litigation.

Benefits of DRS Program

• Faster than litigation.
• Less costly than litigation.
• Discourage litigation frivolous lawsuits.
• In mediation, the parties do not lose their legal rights to arbitrate or litigate the dispute if mediation is unsuccessful.
• The parties are actively involved in the outcome of the process and control.
• The process contributes to long-term goodwill among brokers and their customers and users.
• Provides a service that brokers and dealers can offer their clients and customers.
• Improving the image of the NAR, associations and members, as they have taken the initiative to find and provide alternatives to litigation.










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