Alternative means to resolving disputes

There is a significant and urgent need for alternative means of resolving disputes in our present environment in order to meet the requirements of the chapter in the growing business disputes in which courts are no longer able to cope alone. This is due to the continuous development in trade and services and to the resulting complexity of the transactions and the need for speed and efficiency. The alternative means of resolving disputes is currently witnessing a growing interest in most legal systems. Specifically in international trade disputes, consumer protection, disputes arising in the environment of the internet and electronic commerce, and in the intellectual property in the digital age.

Negotiations are based on the direct dialog between the two opposing parties in an effort to resolve the dispute and does not need to include any third party. However,

the parties can be represented by counsel or their agents maintaining the nature and flow of the negotiations as long as they do not possess the authority to make decisions on behalf of their clients or parties to the conflict during the negotiation process and procedures. Moreover, to provide the negotiators with supporting documents in order that the negotiation process proceeds in a smooth and professional manner.

This is an advanced stage of negotiations carried out with the participation of a third party mediator to facilitate dialogs between the conflicting parties and assist them in reaching a fair settlement of the conflict. The Mediator may take a decision but is limited in an attempt to bring both viewpoints closer and to put forward alternative solutions without any imposition.

The mediator is usually a neutral person and has a more positive role in resolving the conflict.  His role is to reach an amicable solution for the parties involved.

The mediator is a person having the ability of persuasive communication with the expertise of negotiation management. The mediator may end the negotiation process in the event that a settlement can not be reached by the parties involved.

The purpose of the reconciliation process is to attempt an amicable settlement between the parties involved through a person with experience in the quality of the conflict so that he can reach an educated decision. However, the conciliator does not obligate the parties to agree to his proposals. The parties may look for alternative means to resolve their dispute, whether to arbitration or local state courts. Reconciliation in disputes arising in commercial agreements and contracts is vital to the negotiation process in arbitration.