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Get justice without going to Court

Michalaki, Pitsillidou Law Firm > English Articles  > Get justice without going to Court

Get justice without going to Court

Alternative Dispute Resolution(ADR) is based on the use of methods for resolving a conflict without litigation, in other words without going to court. By using Alternative dispute resolution, the parties can benefit as they avoid the payment of any court fees, the obligation to go to court which is a much more complicate procedure than ADR, and they can still get compensation through ADR. Some of the most common ADR methods adopted are negotiation, mediation and arbitration.

 

Negotiation:

First, for negotiation, we need to have two parties willing to negotiate so as to solve their dispute and come to an agreement. There is no third party involved and the only parties involved are either the two parties that are in dispute or their representatives. The parties should consult a lawyer before and during the negotiation in order to know their rights and their duties.  In turn by knowing their rights they will be aware when a proposal made by the other party is beneficial or not. In a negotiation, both parties have an equal chance to claim their rights and get a successful outcome.

 

Mediation:

Additionally, mediation is an ADR that takes place with the involvement of a third party. The third party is an impartial mediator who fairly attempts to help the two parties come to an agreement by helping them to communicate with one another. The role of the mediator is to specify the issues the party should resolve and give assistance to the parties in order to understand their rights and the rights of the other party. Their role has nothing to do with the role of the lawyer, the judge or the arbitrator as they do not support any party or give to the parties any advice on legal issues. The mediators either meet different times separately with each party or they may make the two parties meet with one another if necessary. Additionally, the mediator helps the parties to find a solution but he will not force the parties a solution. Indeed, the mediation is made in private and the decision is reached in private too.

In case the parties come to an agreement, they make a Memorandum of Agreement(MOA) which is a written document made by the two parties and illustrates the terms and conditions that the parties agreed. The MOA is an official, written document stating what the parties agreed of. The Mediator is the one who writes down the document with all the information about how the parties reached their solutions. Moreover, the Memorandum of Agreement should be checked by a legal counsel, one for each party, to ensure that the parties made a fair agreement. Lastly, Negotiation and Mediation are quicker and less costly methods to resolve a dispute rather than taking their case to the court. These two methods are encouraged by the court to be used but in case the parties do not want to use these methods or fail to come to an agreement by using them, they can bring their case before the court.

 

Arbitration:

Another method of Alternative Dispute Resolution is Arbitration. In arbitration, a third party makes the decision; the arbitrator. The role of the arbitrator is like the judge as the two parties present before him their case and the issues they are concerned of and he makes a decision or award. If an award is given, then the decision more likely to be a final and it binds both parties as if the judgement was made by the Court. In most of the times, arbitration is used for family and divorce disputes to avoid an inconvenient and aggressive procedure taking place in court. Additionally, arbitration might be used for insurance claim, labour and commercial disputes as well as for oil and gas disputes.

Furthermore, the arbitrator organizes a meeting between the two parties to find out the issues for which a solution is necessary. Then there is a necessary hearing that follows as the parties need to inform and give evidence to the arbitrator that support their claims. The parties might need to submit a written document to the arbitrator before and after the hearing. Following the submission of all the necessary information and evidence to the arbitrator, he analyses the issues and he makes his binding judgement.

For more information and guidance please email Michalaki, Pitsillidou & Co LLC – iMPK Global Business Law Firm – Cyprus Lawyers, at info@impklawyers.com or visit our website at www.impklawyers.com.Tel. +357 25660092 – Fax +357 25 660097.

 

 

 

 

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