When parties have a dispute that they cannot resolve on their own, there are a number of ways to try and achieve a resolution. If these disputes cannot be solved simply or quickly, contesting parties must decide their method of resolution.
Dispute resolution typically falls into one of two categories: court proceedings or alternative dispute resolution. Alternative resolution options are various, and choosing the best method depends on each case and the parties involved. Individuals should not only consider the method, but also details related to the specific case, like the parties’ personalities, needs, and financial situation.
What are Four Methods of Dispute Resolution?
1. Court Litigation
A court proceeding usually requires both parties to find representation, collect the evidence, and present the matter to a judge or jury, who will ultimately make the final decision. Court is usually more timely, costly, and oftentimes more emotionally straining than the alternative resolution options discussed below. Additionally, court proceedings and court decisions are public, whereas certain alternative dispute methods can remain private. However, there are many instances where court is the best or only option.
If one of the parties to a dispute is hostile or refusing to negotiate in good faith, initiating litigation requires that the other party participate or suffer a default and have a verdict entered against them. A judgment made in a court is enforceable through garnishment or levy (if it is a money judgment), or contempt citation if a party was directed to perform (or not perform) a certain act. An adverse verdict can usually be appealed, but statistically, most appeals fail.
2. Mediation
For parties that would like to spare either time, money, or try to preserve their relationships with the other party, mediation is a viable option. In mediation, the parties agree to communicate their needs and proposals with the help of a mediator, who acts as a neutral third party and guides the parties and their counsel to a negotiated, mutually acceptable agreement. Mediation disputes can be solved in as little as a few days, depending on how complicated the matter is and how willing the parties are to work together on a solution. Decisions can remain private when mediated. However, a mediator cannot force either party to accept a result, so a mediation may end at “impasse” when the mediator determines that they have tried their best to broker a negotiated resolution, but one or both parties will not agree to settle on those terms.
3. Arbitration
If parties struggle to negotiate and need a third party to make decisions, arbitration is an alternative dispute resolution method where the parties waive their right to go to court, and contractually agree to have one or more arbitrators hear their case and make a binding final decision. Arbitration is less formal than a court proceeding, although the rules of evidence are generally followed. Arbitration decisions are binding and can only be set aside for a limited number of reasons, such as fraud or misconduct by the arbitrator.
4. Collaborative Law
An increasingly popular method of alternative dispute resolution is collaborative law, where all parties enter a contract in which, after having disclosed all the necessary information, they agree to work together in a collaborative fashion to come to a conclusion. This method adds pressure to their negotiations because if the parties are ultimately unable to agree, the process must start over from the beginning with new evidence and with different attorneys or other representatives. In Georgia, all representatives involved must be trained in collaborative law under the Collaborative Law Institute of Georgia (CLIG).
Premier Fiduciary Litigators for the State of Georgia
Regardless of resolution method, in an estate, trust, or investment dispute, parties need attorneys that are fluent in fiduciary law and confident in the courtroom, in arbitration, or in mediation. Attorneys can help parties understand their options and come to the best decision for their unique case.
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, investors and more in complex fiduciary disputes involving wills, estates, trusts, and investments.
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