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Resolving Conflicts Out-of-Court with Dispute Resolution Center
Pursuing litigation through a court system to resolve a conflict can be complicated on many fronts. Alternative dispute resolution (ADR) offers options that are not only less costly and time-consuming but also provide disputants with more control over proceedings. There are several forms of ADR, such as negotiation, mediation, and arbitration. Most entail a neutral third party overseeing or facilitating proceedings so that parties can resolve their conflicts without having to go to court for lengthy litigation.
Although ADR proceedings do not require involving the court system, parties can find helpful assistance when they execute their mediation or arbitration services through a dispute resolution center. Dispute resolution centers, such as the Thailand Arbitration Center, provide resources and tools that can help ADRs run smoothly and efficiently.
What is a Dispute Resolution Center?
Fundamentally, a dispute resolution center is an independent institute that offers alternative dispute resolutions services. A well-qualified dispute resolution center, such as the Thailand Arbitration Center (THAC), provides a range of services to facilitate alternative dispute resolution processes from start to finish. This includes providing suitably equipped facilities, including administrative support for hearings, sometimes remotely, and access to skilled neutral third-party mediators, arbitrators, and negotiators. Furthermore, centers like THAC should also be able to provide templates and standards for arbitration clauses and agreements, as well as training and supplementary services to ensure that parties are well informed as well as properly serviced.
Why Settle Dispute Resolution with Dispute Resolution Center is Better Than Litigation?
While technically, an ADR proceeding can take place anywhere, a dispute resolution center offers more than just a meeting room and tele- or video conference capabilities. Dispute resolution centers provide structures and frameworks along with negotiation, mediation, or arbitration services. Typically, an arbitration clause sets out the rules or procedures to follow during the ADR. The signing parties can develop their own rules; however, centers, including THAC, usually provide their own rules or procedures that have been developed by experts and adhere to the highest international standards. Also, a dispute resolution center could offer model or template clauses for parties to work from to include in their contract or agreement so that they do not have to draft a mediation or arbitration clause from scratch.
Mock, or ad hoc, arbitration offers flexibility to parties when they are drafting a contract or agreement. With this form of ADR, parties do not have to rely on a dispute resolution center for arbitration services. They are free to determine rules, scheduling, and locations as they see fit. However, this type of flexibility is not ideal for everyone. Parties who are not familiar with alternative dispute resolution may find themselves spending more time and money on their mock or ad hoc arbitration than they would have if they engaged in a dispute resolution center.
What Can the Dispute Resolution Center Provide?
A dispute resolution center, as mentioned above, can provide many services. However, it is focused on supporting ADR methods such as negotiation, mediation, and arbitration.
Negotiation involves the parties in dispute meeting in a confidential forum to discuss their issues in hopes of settling their conflicts among themselves. A dispute resolution center can provide the parties in a negotiation a private secure location to meet as well as administrative services to support the process so that they can concentrate on the negotiations.
Mediation calls for a neutral mediator to facilitate discussions between the relevant parties. While the mediator does not have decision-making authority in the proceedings, they are usually skilled in mediation and often expert in the subject at hand so that they can help direct discussions for a beneficial settlement that all parties agree upon. A dispute resolution center can help parties appoint a mediator as well as provide facilities and support during the process.
With arbitration, the parties appoint a neutral third-party arbitrator who has the power to decide the resolution of the proceedings, often with an arbitral award. The dispute resolution center, much like with negotiation and mediation, offers facilities and other support, including access to expert arbitrators.
Along with providing a directory of expert mediators and arbitrators for parties to choose from, dispute resolution centers often also are equipped for online dispute resolution for when parties cannot travel to in-person hearings or meetings. In line with the intrinsic benefits of alternative dispute resolution methods, dispute resolution centers are set up for convenience, efficiency, and effectiveness, which is often not available through court litigation.
THAC is a World-class Dispute Resolution Center in Bangkok
The Thailand Arbitration Center (THAC) is a dispute resolution institute that provides a full range of affordable services and support for ADRs, including arbitration, mediation, and negotiation. Located in central Bangkok where parties can reach by major roads and highways and by BTS Skytrain, all with easy access to international airports, THAC is ideal for local as well as cross-border proceedings. Along with a wide range of experts skilled in mediation and arbitration, parties can also avail themselves of THAC’s cutting-edge technology for in-person or remote hearings, along with a full range of administrative support. THAC also offers facilities for online dispute resolution (ODR) and has developed the TalkDD ODR service featuring an innovative, easily accessible platform to assist in settling complaints and disputes between e-commerce retailers and consumers.
For further information, please feel free to contact us at [email protected] or +66 (0)2018 1615. THAC is looking forward to helping you.
