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What is a Legal Dispute? What is conflict? What is conflict resolution? What's the difference between a dispute and a conflict? What is Dispute Resolution? Why Use Dispute Resolution? Do I Need an Attorney to Participate in Dispute Resolution? What Are the Different Types of Dispute Resolution Processes? How do I know what method is right for my situation? |
What is a Legal Dispute? ‘A dispute is a disagreement on a point of law or fact, a conflict of legal views or of interests between two persons.’ What is conflict? Angry disagreement between people or groups. What is conflict resolution? Conflict resolution is the process of trying to find a solution to a conflict. What's the difference between a dispute and a conflict? A dispute or disagreement is a contest over a specific set of facts. Disputes are about facts. A dispute should be distinguished from conflict, where the affected people experience generally negative feelings about each other. Methods of dispute resolution include: Alternative Dispute Resolution Arbitration Conciliation Collaborative law Conflict resolution Facilitation Mediation Negotiation Party-directed mediation Restorative justice Dispute Resolution Dispute Resolution Processes What is Dispute Resolution? Dispute resolution is a term that refers to a number of processes that can be used to resolve a conflict, dispute or claim. Dispute resolution may also be referred to as alternative dispute resolution, appropriate dispute resolution, or ADR for short. Why Use Dispute Resolution? Dispute resolution processes have several advantages. Certain processes can provide the parties involved with greater participation in reaching a solution, as well as more control over the outcome of the dispute. In addition, dispute resolution processes are less formal and have more flexible rules than the trial court. Do I Need an Attorney to Participate in Dispute Resolution? In many processes, you are not required to have an attorney to participate. In cases where the court or judge has referred the case to a dispute resolution process, attorneys often participate. The role of an attorney in a dispute resolution process varies depending upon the nature of the dispute and the type of dispute resolution process. In many dispute resolution processes, attorneys accompany their clients and participate either as counselors or as advocates. What Are the Different Types of Dispute Resolution Processes? Dispute resolution takes a number of different forms. Here are brief descriptions of the most common dispute resolution processes: Arbitration Case Evaluation Collaborative Law Cooperative Practice Early Neutral Evaluation Expert appraisal Facilitation Family Group Conference Litigation litigation (also known as adjudication). Mediation Mini-Trial Multi-Door Program Negotiation Neutral Fact-Finding Ombuds Pro Tem Trial Private Judging Settlement Conferences Special Master Summary Jury Trial Unbundled Legal Services Dispute Resolution generally refers to one of several different processes used to resolve disputes between parties, including negotiation, mediation, arbitration, collaborative law, and litigation. Dispute resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Dispute resolution refers to methods used by trained neutrals to help people to communicate more clearly, negotiate effectively, develop and evaluate solutions, or resolve conflicts. Neutrals do not take sides or represent the parties. Dispute resolution is an interdisciplinary field that attracts neutrals from backgrounds like human resources, law and social work.
Consensus Building is a process of negotiation that crafts an outcome to which all participants can agree. In tailoring the agreement, participants seek to resolve or mitigate objections of the minority to achieve the most agreeable decision. Consensus is usually defined as meaning both general agreement, and the process of getting to such agreement. Restorative Justice encompasses victim/survivor centered processes that address harm from crime, bullying and violations of legal and human rights. Restorative resolutions engage those who are harmed, wrongdoers and their affected communities in search of outcomes that may help promote the repair, reconciliation and the rebuilding of relationships. How do I know what method is right for my situation?Arbitration Consensus Building Conciliation Facilitation Litigation Mediation Neutral evaluation Negotiation Other Processes Restorative Justice Decisional Processes Arbitration & Adjudication Private Judging Expert Determination Non-Decisional Processes Mediation Facilitation Conciliation Expert appraisal Expert appraisal is a process where the parties nominate a mutually agreed third party, an expert in the field of their dispute, and request that person give his or her opinion of the probable outcome if the matter were to proceed to court. The Expert has no determinative powers, but his or her opinion is often very persuasive as both or all parties have already acknowledged the expert's status in the subject area. Case Evaluation Case evaluation is a non-binding process in which parties to a dispute present the facts and the issues to be determined to an experienced neutral case evaluator. The case evaluator advises the parties on the strengths and weaknesses of their respective positions, and assesses how the dispute is likely to be decided by a jury or other adjudicator. The parties may then use this feedback to help reach a mutually agreeable resolution. Early Neutral Evaluation Early neutral evaluation is a process that may take place soon after a case has been filed in court. The case is referred to an expert, usually an attorney, who is asked to provide a balanced and unbiased evaluation of the dispute. The parties either submit written comments or meet in person with the expert. The expert identifies each side's strengths and weaknesses and provides an evaluation of the likely outcome of a trial. This evaluation can assist the parties in assessing their case and may propel them towards a settlement. Conflict resolution Here are further guidelines. |