In the litigation process placing the parties against each other, other than that the settlement of the dispute in litigation is the ultimate means (ultimum remidium) after the other alternative dispute resolution has not yielded results, for detail http://ul-law.com/
Arbitration itself is a means of settling a civil dispute outside a general court based on an arbitration agreement made in writing by the parties to the dispute, for more information : http://ul-law.com/commercial-litigation-and-arbitration
Understanding of each of the above dispute resolution institutions as follows:
A. Consultation: a “personal” action between a particular party (client) with another party who is a consultant, in which the consultant gives his opinion to the client in accordance with the needs and needs of his client.
B. Negotiation: an attempt to resolve the disputes of the parties without going through litigation with the aim of reaching mutual agreement on the basis of more harmonious and creative cooperation.
C. Mediation: way of dispute settlement through negotiation process to get agreement of the parties assisted by mediator.
D. Conciliation: the mediator will act as a conciliator by agreement of the parties by seeking acceptable solutions.
E. Expert Assessment: expert opinion for a technical matter and in accordance with its area of expertise
However, in its development, there is also a form of out-of-court settlement which turns out to be one of the processes in the settlement made in the court (litigation). Let’s take an example of mediation. From that chapter we know that mediation is an out-of-court settlement, but in its development, there is mediation in the courts.Read More →