Understanding Dispute Resolution

Introduction

Disputes—whether personal, financial, family-related, or business—can be stressful, time-consuming, and expensive. Thankfully, not all disagreements need to end up in court. Many conflicts can be resolved through more cooperative and cost-effective methods.

Dispute Resolution refers to the various ways legal conflicts can be settled outside of a courtroom. These include negotiation, mediation, arbitration, and collaborative processes. With the support of a McKenzie Friend, individuals can navigate these alternatives with guidance, confidence, and clarity—without the financial burden of full legal representation.

What Is Dispute Resolution?

Dispute Resolution is a set of processes designed to help people reach agreements and resolve conflicts without going to court. It includes:

  • Informal negotiation

  • Mediation

  • Arbitration

  • Collaborative law

  • Tribunals and small claims proceedings

These processes are often quicker, less formal, and more affordable than traditional litigation—and they can preserve relationships by encouraging cooperation and compromise.

Types of Disputes We Help With

We support individuals and small businesses across a wide range of civil and personal disputes, including:

  • Family and child arrangements

  • Landlord and tenant disagreements

  • Business and consumer complaints

  • Neighbour disputes

  • Property boundary issues

  • Contractual disagreements

  • Employment grievances

  • Small claims and county court matters

Popular Methods of Dispute Resolution

1. Negotiation

This is the most informal method, where both parties communicate directly or through third-party assistance to find a resolution.

A McKenzie Friend can help you draft letters, organise your points clearly, and prepare for discussions.

2. Mediation

An independent, neutral mediator helps both sides explore solutions and reach a mutual agreement. Mediation is voluntary and confidential.

Mediation is especially effective in family and community disputes and is often faster and less costly than court.

3. Arbitration

This is a more formal process where an arbitrator listens to both sides and makes a legally binding decision. It is common in business or contractual disputes.

4. Court-Based Resolution

If other methods fail, the case may proceed to a tribunal or county court. Even here, many judges expect that attempts at resolution have been made first.

A McKenzie Friend can support you during small claims or civil proceedings by helping you prepare your documents and sitting beside you in court.

Benefits of Alternative Dispute Resolution (ADR)

✅ Faster Results – Many disputes can be resolved in days or weeks rather than months
✅ Lower Cost – Avoiding full litigation can save thousands in legal fees
✅ Less Stressful – Cooperative settings reduce confrontation and emotional toll
✅ Confidential – ADR processes are private, unlike court hearings
✅ Flexible Outcomes – You can agree on creative, tailored solutions not available through the courts
✅ Better Compliance – Agreements made through mutual consent are more likely to be honoured

How a McKenzie Friend Can Help You?

When you represent yourself in a legal dispute, a McKenzie Friend can provide:

  • Support during mediation, negotiations, or tribunal hearings

  • Help drafting letters, statements, or settlement proposals

  • Guidance on legal processes and your options

  • Emotional reassurance and practical organisation

  • Quiet support in court (if permitted)

  • A cost-effective alternative to a solicitor

You remain in control of your case, while we help you stay informed, organised, and empowered throughout the process.

Dispute Resolution vs. Litigation

Aspect Dispute Resolution (ADR) Court Litigation

Time Typically faster Often lengthy and delayed

Cost Lower overall costs Higher legal fees

Formality Informal to semi-formal Strict procedures

Outcome Control Parties retain control Judge decides

Relationship Impact Preserves relationships Often adversarial

When Dispute Resolution May Not Work

While ADR is effective in many situations, it may not be suitable when:

  • A party refuses to participate in good faith

  • Urgent protective orders are required (e.g. domestic violence)

  • There's a need to set legal precedent

  • Evidence or facts are highly contested

In such cases, formal legal proceedings may be necessary—but you can still benefit from McKenzie Friend support to reduce costs and improve your preparation.

Conclusion

Dispute resolution empowers individuals to settle conflicts without escalating them to costly legal battles. Whether you're facing a family dispute, financial disagreement, or community issue, there are ways to resolve matters calmly, quickly, and affordably.

With the support of an experienced McKenzie Friend, you can approach any dispute with greater clarity and confidence—whether you're resolving it across the table or in a courtroom.

📞 Need Help Resolving a Dispute?

We’re here to help you find practical, peaceful solutions. Contact us today to discuss your situation and explore your options.