Dispute resolution





Dispute resolution is the process of resolving disputes between parties and
includes lawsuits (litigation), arbitration, mediation, conciliation, and
many types of negotiation.

Dispute resolution processes are of two major types:

   * Adjudicative processes, such as litigation or arbitration, in which a
     judge or arbitrator determines the outcome.
   * Consensual processes, such as mediation, conciliation, or negotiation,
     in which the parties attempt to reach agreement.

Some use the term dispute resolution to refer only to alternative dispute
resolution (ADR), that is, extrajudicial processes such as arbitration and
mediation used to resolve conflict and potential conflict between and among
individuals, business entities, governmental agencies, and (in the public
international law context) states. ADR is generally dependent on an
agreement by the parties to use ADR processes, either before or after a
dispute has arisen. ADR has experienced steadily increasing acceptance and
utilization because of a perception of greater flexibility, costs below
those of traditional litigation, and speedy resolution of disputes, among
other perceived advantages. However, some have criticized these methods as
taking away the right to seek redress of grievances in the courts,
suggesting that extrajudicial dispute resolution may not be the fairest way
for parties that are not in an equal bargaining relationship, e.g. a
consumer and a large corporation. In addition, in some circumstances,
arbitration and other ADR processes may be as expensive as litigation or
more so.

A competent and effective judge, arbitrator or mediator is important to the
proper functioning of the dispute resolution process. In civil law systems
judges are jurists who are trained in investigation techniques, the process
of determining the veracity of evidence and the inquisitorial system of
adjudication. In the United States and other common law countries, judges
are often experienced trial lawyers who have litigated many cases over many
years before being appointed or elected to the judiciary. Arbitrators and
mediators are often retired judges or experienced private lawyers. In the
United States, many states now have mediation or other ADR programs annexed
to the courts, to facilitate settlement of lawsuits.