What are alternative methods to solve the dispute?
Overload in a situation Court And long cases, an appeal to the arbitration and conflict mediation of the Arbitration and Conflict is growing in Portugal. These illegal forms of the conflict resolution provide effective, raw and low bureaucratic solutions. In fact, our experience LawyersThese alternatives, when used correctly, may be allowed Case More agile.
Arbitrator
How does it work and what benefits?
The arbitrator allows the arbitration to give the decision of a controversy outside the court, ie, “common” courts. The arbitration has a legal value equivalent to court verdict with the arbitration management force. Can be the referee Where .
The benefits include practical speed, confidentiality and technical expertise of referees. Costs may vary the costs that are more relevant to high value or complex conflicts.
Arbitration
What is it, in what cases do you apply, and what are the benefits?
Mediation is a voluntary and confidential process, which is conducted by a sidewalk, which helps the parties to create a negotiating solution. Widely used in areas such as conflict medium Family lawOvarian Labor Law and Labor RelationshipsConsumer Act and Business conflictsPromoting conversation and avoiding an increase in conflict.
This is an affordable, effective and cooperation option between the parties.
So, what about the judgments of peace?
In turn, peace judgments are trying to provide a lower formal alternative to “common” and lower practical courts.
Therefore, the jurisdiction of the judgments of peace is limited to the value of the verdict (the dispute under the law), on the other hand, the complexity of the matter (small), and the issues of the consumption law. Family lawConflicts ContractThe smallest Loans and fees And other civil things. Peace judges, for example, the jurisdiction of criminal matters (crime), which is under the exclusive jurisdiction of the judicial courts.
Peace judgments work with the first attempted contract; Moreover, if this is frustrated, the process of judgment provides more informal sessions, without the erection of traditional courts, but the final, as a sentence has an equal legal effect, although not a “common” court.
In the benefits of peace judgments, we can highlight the simplified access to justice, speed and low practical costs.
The results:
Comes here, both arbitration and mediation are an alternative to judicial paths, and provide benefits such as speed, economics and flexibility. In turn, the rulings of peace are a court structure, as it is a formal and slow alternative to “ordinary” courts.
Analysis and considering the case is worth analyzing the case, because the analysis of the adequate nature of this method determines, because in some cases they may not have the ability to learn the subjects under the debate, or in some cases, there are no better solutions to protect target interest.
* Lawyer CBA legal advisers.
Legal Warning: This article is simply informed, and its content cannot be considered to provide legal services or any advice. It does not apply to general, compression nature and any particular case, so it is not distributed with the advice of a proper qualified expert, and the reader should not act or act by referring to his content.
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