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Dispute Resolution
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.
In ________, the most popular types of dispute resolution are mediation and arbitration.   Although people used to think of dispute resolution as an alternative to the court system, the two approaches to conflict management often work closely together. Dispute resolution offers a private and voluntary option beyond court.

Negotiation is a discussion between two or more people solving disagreements, deciding what to do, or making a bargain.  Negotiation may involve advocates or representatives.

Conciliation is the use of a third person who is asked to help people reach an amicable resolution of their dispute.  The conciliator does not have the authority to impose a settlement, and usually speaks with the parties separately.

Facilitation
involves a neutral who helps members of a group to define and meet their goals, exchange ideas and information, solve a problem or hold effective meetings. 

Mediation is a method for discussing problems and exploring solutions with the help of a trained neutral.  Mediators help people communicate clearly and negotiate effectively.  Mediators do not take sides, give legal advice, make decisions about resolutions or impose solutions.  Mediation is private and voluntary.  Research shows that mediation frequently results in agreements that are voluntarily followed because they are created by the people directly involved.   

Neutral evaluation is conducted by a neutral with the expertise to hear arguments and predict the likely outcome in court.  The evaluator may also provide guidance and settlement assistance with the parties’ consent.

Arbitration is a formal proceeding that uses one or more neutrals to listen to evidence and render a decision.  The decision may be binding or non-binding.

Litigation is a legal dispute argued in court.  Attorneys help negotiate a resolution, or a judge or jury makes a decision.  The people directly involved have little control over the process or outcome.

Other Processes

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.