WHAT IS DISPUTE RESOLUTION CONSULTING?

What is dispute resolution generally?
Dispute resolution is the part of the practice of law that deals with how to solve the various disputes that people, corporations, and other entities face in the process of their daily lives and businesses. Disputes can be about broken contracts, negligence, land use, construction projects, business deals, relations with government, debtor-creditor problems, employment issues, and any other circumstance where parties are having a disagreement.

What is dispute resolution consulting?
Dispute resolution consulting is the objective, rational analysis of disputes by a trained professional, with the goal of eventually resolving the problem through a dispute resolution process. A dispute resolution consultant can work with one side of a dispute or all sides as needed. A dispute resolution consultant can offer advice on improved negotiation strategies and approaches, the use of mediation or arbitration, and the design of dispute resolution systems for recurring disputes, such as with a large retailer and its customers. A dispute resolution consultant can also do training of employees and others in negotiation, mediation, or other aspects of dispute resolution.

Are mediation and arbitration different?
Yes. In arbitration, the neutral arbitrator(s) make a decision after hearing the evidence presented by both parties under relaxed rules of evidence. That decision, called an award, can be binding or non-binding, depending on whether the parties are required to accept that result without further proceedings. In mediation, the neutral mediator makes NO decision, but instead helps the parties negotiate better and assists them in finding a mutually acceptable, mutually beneficial agreement in a more efficient manner. A dispute resolution consultant can advise a party to a dispute about the characteristics, benefits, and drawbacks of mediation, arbitration, negotiation, and other dispute resolution processes.

Why should I hire a dispute resolution consultant?
Being involved with a dispute is a stressful and distracting event. It is difficult to be objective, rational, and dispassionate about a dispute (or the resultant litigation, either looming or current) when you, your business, and/or your assets are at risk. A dispute resolution consultant can work with you and your attorneys to analyze the problem and look for solutions other than a trial. A dispute resolution consultant can be source of professional, expert advice on whether and how to negotiate, whether to seek mediation, how to prepare for either negotiation, mediation, arbitration, or some other process such as a mini-trial.

There are occasions when a dispute resolution consultant does not work on a current dispute, but instead consults with one or more parties to a business deal or a public policy issue to help them negotiate better and obtain an optimum solution. Too often parties to a merger, a lease, a technology sharing venture, or citizens in a dispute with local or regional government over land use need a professional to help them understand the issues, develop more time and resource efficient ways to interact, and reach a mutually beneficial outcome. Instead of digging in their collective heels, the parties in a difficult or complex negotiation may all benefit from a custom designed process that enables everyone to achieve their desired results without sacrificing their essential interests.

If your business generates a recurring number of disputes such as consumer complaints or insurance claims, a dispute resolution consultant can design systems that will help you resolve those disputes more efficiently or do training of your employees in how to negotiate such disputes.