Legal disputes can occur between parties who have personal, professional, business or commercial relationships, or between parties
who are involved in momentary events (such as motor vehicle accidents).
Resolution or Determination of Legal Disputes
There are two ways that a legal dispute can be ended:
(a) The dispute can be determined by a decision that is binding on the parties (usually made by a judge or arbitrator); or
(b) The dispute can be resolved by agreement of the parties.
Objectives of the Parties
A party to a legal dispute may have the objective of ending the dispute:
(c) Promptly; and
(d) Justly, in the sense that the dispute is determined or resolved on the basis of the legal rights of the parties; or
(e) Fairly, in the sense that all the interests of the parties are recognized and balanced.
Of course, it would be naïve to think that all parties to a legal dispute have the objective of ending the dispute efficiently, economically, promptly, and justly or fairly. A party to the dispute may initially have the objective of winning at all costs or prolonging the dispute. Those objectives can make the resolution of the dispute by agreement of the parties difficult, though not necessarily impossible.
To read the entire article written by Alan R. Gray, please click here.