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Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution.
Mediation is a negotiation facilitated by a third-party neutral. It is a structured, interactive process where an impartial third party, the mediator, assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties. Due to its voluntary nature, a person cannot be compelled to use mediation to resolve their dispute. However, a suggestion from the Court may be difficult to resist.
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions that are posed by the software in order to construct the legal documents. In addition, regulatory consulting firms also provide advisory services on regulatory compliance that were traditionally provided exclusively by law firms.
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation. Avoiding litigation spares parties not only the financial and emotional costs of litigation but the uncertainty of how favorable or unfavorable a court's after-the-fact decision will be. Moreover, the agreement itself can authorize the employment of dispute-resolution methods, such as arbitration and mediation, that may be less costly than litigation.
Arbitration is a formal method of dispute resolution involving a neutral third party who makes a binding decision. The third party neutral render the decision in the form of an 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding.
Collaborative law, also known as collaborative practice, divorce, or family law, is a legal process through which couples who have decided to separate or end their marriage work together with a team of collaboratively trained professionals including lawyers, divorce coaches, and financial professionals to achieve a settlement that meets the needs of both parties and their children without the need for litigation. The process allows parties to obtain a fair settlement while minimizing the time, cost, uncertainty, and acrimony that can accompany a litigious divorce or separation. Couples initiate this voluntary process by signing a contract binding each other to the process and disqualifying their respective lawyer's right to represent either one in any future family-related litigation.
Diana L. Mercer works in the field of divorce mediation and is the founder of Peace Talks Mediation Services in Los Angeles, California. Mercer is also the co-author of Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce..
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
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Harry Lee Tindall is a founding shareholder of Tindall & England, P.C. in Houston, Texas. The firm is ranked as a top tier firm by both Martindale Hubbell and U.S. News & World Report.
Family Law in Partnership is a specialist family law firm advising on the full range of family law issues including divorce and separation, never married family separations, same sex marriage and civil partnerships, and pre and post nuptial agreements. The firm regularly deals with cross border divorce cases and jurisdiction issues, and has a strong international practice.
Arlen Foster Gregorio is an American attorney, politician and commercial mediator. He was a member of the California State Senate from 1971 to 1978. As a Senator he chaired the Senate Health and Welfare Committee from 1979 to 1984 and was an elected member of the San Mateo County Board of Supervisors from 1979 to 1984. After leaving politics in 1985 he began a career in mediation.
Kasirye Byaruhanga & Co Advocates is a Ugandan law firm headquartered in Kampala, the capital city of Uganda. It is a business law firm that was founded in 1991 by Andrew Kasirye and William Byaruhanga. The firm is part of Mackrell International, a global law firm network, and is active in litigation, with a substantial part of its practice also dedicated to transactional matters and retainer clients. The firm's advocates are members of various professional bodies, including the International Bar Association, the East African Law Society and the Uganda Law Society.
The judicial system of the United Arab Emirates is divided into federal courts and local courts. The federal justice system is defined in the Constitution of the United Arab Emirates, with the Federal Supreme Court based at Abu Dhabi. As of 2023, only the emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while all other emirates use the federal court system for all legal proceedings.
Online Justice (OJ or Rechtwijzer or MyLawBC) is an online dispute resolution (ODR) platform. The OJ technology was the first ODR distributor to succeed in adapting ODR for relation disputes like divorce and landlord-tenant issues.
Forrest "Woody" Steven Mosten is an American lawyer and author. Mosten has been practicing law in Los Angeles since 1972, additionally serves clients in San Diego and Orange County, and accepts mediation engagement throughout the world online. A former litigator, he is a full-time peacemaker and never takes a case to court, often working in an interdisciplinary team with a triage approach. Mosten has spoken at conferences and trains lawyers and litigators, and he is an adjunct professor at the UCLA School of Law, where he has been teaching since 2002.
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Paul Henri Cohen is a British lawyer, author and arbitration counsellor. Called to the bar in 2011, his work has included representing alleged descendants of the last Sultan of the Sulu Empire against Malaysia in a multi-billion-dollar case involving Sabah and a colonial-era agreement.
Paul J. Zwier is a lawyer, author, and academic. He is a former Professor of Law, Director of the Advocacy Skills Program, and Director of the Program for International Advocacy and Dispute Resolution at Emory University, and has been serving as an Of Counsel at Guttman, Buschner & Brooks (GBB).
References
- ↑ Arbitration and Mediation Definition US Legal. Retrieved March 30, 2014.
- ↑ "Home". themediator.co.uk.
- ↑ "FAQs Collaborative Law". chuyentuvanluat.com.
- ↑ "Divorce Mediation Guide". Saturday, 28 November 2020
- ↑ "Introduction to Lawyer Supported Mediation". lawyersupportedmediation.org.uk.
- ↑ "Co-Operative Legal Services". Archived from the original on 20 September 2012. Retrieved 26 September 2012.
- ↑ "Ministry of Justice". The Operation of the Family Courts.
- ↑ "Inventory of the Arlen Gregorio Papers". Online Archive of California . Retrieved 7 February 2013.
- ↑ Unknown. "Arlen Gregorio Bio". Gregorio, Haldeman & Rotman. Archived from the original on 10 November 2013. Retrieved 1 January 2014.
- ↑ Mediation Services Ireland