Legal disputes are inevitable in any society; however, having the right resolution process can minimize potentially harmful consequences that may arise as an outcome of a legal dispute. In international trade disputes (i.e., business to business) between countries or regions, the most common dispute legal dispute resolution Miami, Fl, forms are litigating and arbitration.
To effectively manage and resolve all kinds of legal disputes, including the most complex type of dispute resolution, namely, international business law disputes between countries and regions, it is necessary to understand the basics. Basic types of legal dispute resolution include litigation, arbitration, and mediation.
Trial practice, also known as litigation, is formal court proceedings where evidence is presented within the context of an adversarial system. Evidence can be used from both sides in a case for or against the argument made by the respective parties. In a nutshell, the trial practice requires a proof-based system. In contrast, arbitration usually does not require such strong evidence because they utilize experts to represent their clients in reaching agreements on procedural issues.
Arbitration is generally concluded outside judicial systems with more flexibility for parties in reaching agreements on procedural issues such as timelines because both parties are represented by experienced professionals who know conflict management skills. In this system, the arbitrators usually utilize a neutral third party to hear both sides of an argument and determine which one has better evidence in presenting their case. Thus, arbitration usually occurs outside the courtroom before a panel of neutral professionals representing themselves, not their countries or regions.
The process of reaching a settlement agreement is known as mediation. Both parties will have to be in the same place at the same time with a neutral third party, called a mediator, who facilitates resolution between both sides and tries to bring them to an amicable solution which they can agree upon. Mediation is based on negotiation skills where two opposing parties come together and discuss their point of view while trying to reach a compromise that meets both needs. The process relies heavily on communication skills despite not having judges or jurors.