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Dispute resolution: How to solve a dispute? - Dispute resolution methods

4 important questions on Dispute resolution: How to solve a dispute? - Dispute resolution methods

What is negotiation? When and why is this method used for dispute resolution?

Companies that are very similar can enter into a negotiation in order to try and find a common goal. They will try and sort things out without any third party involved but just between the parties themselves. Each party will send a business representative to do the negotiation who does not necessarily have to be a lawyer.
The business parties should be able communicate effectively in order to get the other party to understand their point of view. At the end of a negotiation there should be a benefit for both parties.

What is conciliation? How is conciliation different from mediation?

Conciliation is made through a conciliator who is also, like in mediation, a neutral third party listening to both parties. The difference to mediation is that the role of a conciliator is more active because he is expected to come up with a settlement proposal after having listened to the parties. The settlement proposal from the conciliator is not binding for the parties but they have to enter into it voluntarily.

What is a dispute board?

A dispute board is a group of professional from different areas that are there from the beginning when a contract is signed by two parties. A dispute board will oversee the whole process from the beginning of a contract to avoid any big problems that may arise throughout the project. A dispute board is often used in construction projects because a lot of problems can often arise during such projects and the dispute board is there to make sure the construction does not have to stop every time there is a disagreement between the parties.

What is expert determination? When is it used?

The expert determination method will be used in cases where a problem is very technical and the parties need an expert on this specific field. The expert will decide which party is wrong and who is right. Most of the decision of the expert is binding unless the parties decide that it is not.