There are various lawsuits alternatives to a court action that might be used in the case of Cathy Curiousomen. One of the common forms of dispute resolution that can be used to solve Curiousomen’s case is mediation. According to McGuinness (2016), mediation is a dispute resolution technique where both parties choose a neutral party, expertise in the disputed area to guide them toward a voluntary resolution. However, the mediator is not the decision-maker but assist the two parties to reach an agreement. Mediation mainly encourages communication between the parties and further facilitates a progressive relationship between the parties after the dispute is resolved.
Apart from mediation, arbitration is another dispute resolution technique that can be used to resolve the Curiousomen case. In arbitration, the parties involved present their dispute to an agreed-upon decision-maker. This particular method is similar to a court trial held before a judge but there is no pretrial phase and evidence rules tend to be relaxed. After hearing the case, the arbitrator, an independent individual appointed to settle the dispute, issues a binding decision within 30 days. Arbitration is different from mediation because, in arbitration, the arbitrator arrives at a decision but mediation parties do not reach a resolution ( Born & Rutledge, 2018 ). If one party appeals the award of the arbitrator to the trial court, the court does not correct the errors of the arbitrator because the parties chose arbitration as a method of solving their disputes rather than courts.
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Another dispute resolution technique that can be used to resolve disputes is neutral evaluation. In neutral evaluation, the chosen third party reviews the collected evidence listens to the arguments of the parties and further assesses the monetary value to assist the parties to agree upon an amount to settle on. In some cases, neutral evaluation can be customized to the specifications of the parties to dispute at the organization’s issue. In neutral evaluation, the decision-maker does not render a binding decision on the case but rather issues the evaluation of the respective positions of the parties.
Generally, legal issues between private parties can be addressed through the courts or the use of alternative dispute resolution. Alternative dispute resolution is any method utilized to resolve conflict other than using courts. In most cases, alternative dispute resolution focuses on consensus building, aims at determining the interests of parties, and further emphasizes mutuality over self-interest (Blake, Browne & Sime, 2016). In the alternative dispute resolution, the parties involved parties have to participate in the process, define the problem, and further retain outcome control. The negotiations, discussions as well as documentation are confidential and permits direct communication between participants in the non-confrontational setting to determine true issues as well as dispute causes.
On the other hand, litigation is the process of bringing about a claim. Litigation mainly concentrates on facts and is past-oriented, aims to determine the legal rights of parties, and usually involves a judge who is appointed by the court to determine the outcome of the involved parties based on legal precedents and the law. Ligation procedures are also formalized and highly structured (Shamir, 2016). In litigation, communication is usually through the lawyers and the outcome cannot be predicted because the responsibility for decision rests with the judge. Litigation is ideal for cases that have implications for a broad range of people that are outside the immediate localized disputes.
However, going to court is an expensive and time-consuming prospect as compared to alternative dispute resolution. Businesses that are looking for ways to effectively administer costs, as well as resources such as Curiousomen, can save by considering ADR in resolving disputes. Before, going to court over the failure of the third party, the business should first consider entering into informal negotiations to reach an agreement that is satisfactory before going to court.
References
Blake, S. H., Browne, J., & Sime, S. (2016). A practical approach to alternative dispute resolution. Oxford University Press.
Born, G. B., & Rutledge, P. B. (2018). International civil litigation in United States courts . Wolters Kluwer Law & Business.
McGuinness, H. M. J. C. (2016). Alternative Dispute Resolution-Mediation and Conciliation.
Shamir, Y. (2016). Alternative dispute resolution approaches and their application.
