Dispute resolution requires the use of a selected set of instruments, which in the most effective way will lead to a solution meeting the assumed economic goal. Each dispute is different and while we have at our disposal the same set of procedural law provisions that a lawyer applies when representing an entrepreneur in court, alternative and extrajudicial solutions are a whole range of possibilities that allow us to find quick and effective solutions.

Negotiations 

Negotiations are a bilateral process of communication between the parties aimed at reaching an agreement.

Negotiations between the parties are intended to lead to a resolution of the conflict and to an agreement between the parties. It is a process of searching for such a solution that would satisfy all parties involved in the conflict.

In negotiations, the parties are based on the ability to identify the needs of adversaries, skillfully distribute the declared interests and goals of the negotiating parties.

Facilitation

It is one of the alternative methods of conflict resolution that is used in cases where a conflict involves multiple parties, where a conflict involves complex, multi-faceted problems or where the parties to a conflict have difficulty in complying with the rules established in the wounds of the accepted dispute resolution procedures (e.g. it may support the negotiation process).

Mediation

The commercial mediation is an alternative method to court or arbitration to resolving a business dispute. It is an extremely informal, quicker and cheaper way to resolve a conflict.

The commercial mediation involves the active participation of both parties to the dispute or their attorneys in the process of developing a solution, which is reached by the parties with the help of an independent, professional mediator.

The commercial mediation very often not only resolves an existing dispute between business partners, but also gives them the opportunity to continue business cooperation, establish relations “for the future” because in contrast to the judicial process, the parties are not “opponents”, but “partners” seeking to reach a common understanding.

The settlement agreement reached in mediation must be satisfactory for both parties: it is a classic “win-win” situation. The solution worked out may be subject to approval by the court, thanks to which it gains legal force similar to the court’s judgment.

The ability to reach settlement agreement through mediation is also an expression of using  the highest standards in business.

Conciliation

Conciliation is one of the methods of alternative dispute resolution.

The difference between mediation and conciliation is that the conciliator or a multi-person conciliation commission appointed by the parties to the conflict formulates the proposal to settle the dispute (in mediation the parties themselves are involved in the development of the proposal as a rule – here the commission does it itself). The results of the conciliator’s or conciliation commission’s work are not binding, they are only a proposal for the parties, which may be rejected or subject to further negotiations between the parties.

Arbitration

Arbitration is a method of dispute resolution alternative to a common court by an arbitrator acting within an arbitration court.  A necessary element of using this method of dispute resolution is the so-called “arbitration clause” provided for by the parties to a conflict in a contract between them, against the background of which a dispute has arisen.

The parties to a dispute submitted to arbitration are bound by the procedure of the arbitral tribunal specified in the regulations and all the rigors provided for in the procedure. The award is issued by an arbitrator or a team of arbitrators appointed by the parties, and in certain situations, such award may be appealed before a common court.

Artificial intelligence

Artificial intelligence more and more often supports humans in many areas of life. Also in the area of dispute resolution, the participation of artificial intelligence, self-learning machines or other software is already a fact.

Wherever there is a possibility to optimize work and support processes, we use technology. Nevertheless, it seems that as long as a person with a whole range of emotions, needs and deepen interests is involved in the process of dispute resolution, only another person professionally prepared and naturally endowed with such features as empathy or social intelligence, will be able to help her/him in the process of dispute resolution.

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