The Finer Points Of Dispute Resolution
Going through an adjudicative process will mean that a judge or jury or even an arbitrator will ultimately determine the outcome of a dispute. Their word is final and enforced in order to resolve a dispute. Many cases that go through the justice system is sent to an arbiter is sent to an arbiter rather than a judge such as petitions for bankruptcy and labor disputes depending on the laws within your state or country. It is unlikely that all cases are sent before a judge because of the risk of clogging the courts with too many cases. Many less pressing cases are first sent to an arbiter to be settle out of court. If the case escalates, and an arbiter is unable to settle the dispute then it is forwarded to a judge or jury.
Collaborative Dispute Solution
What is fair is to be determined by the parties involved and will take the negotiation of a give and take process. A lawyer can facilitate a collaborative solution but any other respected individual can be called on to facilitate the process. Ideally that person will be impartial and will have the interest of both parties in mind. It is also very important that the facilitator be a good communicator, to be trusted by both parties. Within a rural village in many parts of the world, the village elder is usually the facilitator for collaborative dispute solution.
Collaborative Law in Family Law
A lawyer that enters family law knows that most of her cases will be settle out of court through collaborative law. Many families would rather negotiate the terms of their separation and the division of their properties and custody of their children outside the courts. This is because the decision of the courts are often unpredictable and permanent, while family matters usually fall upon a gray area. Matters of the heart, while messy, may not withstand the harsh ruling of a court. This is especially true where the custody of children is involved. Couples going through a divorce seek the help of lawyers to help facilitate the separation of their properties and fairly schedule the custody of children in a way that is most acceptable to all involved, and sometimes even including the wishes of the children.