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What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation

How to choose the best dispute resolution process.

By PON Staff — on April 25th, 2024 / Dispute Resolution

When it comes to dispute resolution, there are so many choices available to us. Understandably, disputants are often confused about which process to apply to their situation. This article offers some guidance, adapted from Frank E. A. Sander and Lukasz Rozdeiczer’s chapter on the topic in The Handbook of Dispute Resolution (Jossey-Bass, 2005).

Suppose that parties and their lawyers have exhausted their attempts to negotiate a resolution. They’re ready for outside help in ending their dispute, yet they don’t know exactly where to turn.

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Here’s a review of the three basic types of dispute resolution to consider:

1. Mediation

The goal of mediation is for a neutral third party to help disputants come to a consensus on their own.

Rather than imposing a solution, a professional mediator works with the conflicting sides to explore the interests underlying their positions.

Mediation can be effective at allowing parties to vent their feelings and fully explore their grievances.

Working with parties together and sometimes separately, mediators can try to help them hammer out a resolution that is sustainable, voluntary, and nonbinding.

2. Arbitration

In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute.

The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.

The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present at the time and which standards of evidence will be used.

Arbitrators hand down decisions that are usually confidential and that cannot be appealed.

Like mediation, arbitration tends to be much less expensive than litigation.

3. Litigation

The most familiar type of dispute resolution, civil litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury.

The judge or the jury is responsible for weighing the evidence and making a ruling. The information conveyed in hearings and trials usually enters, and stays on the public record.

Lawyers typically dominate litigation, which often ends in a settlement agreement during the pretrial period of discovery and preparation.

For more information on how to handle a dispute resolution, read these related articles: Three Questions to Ask About the Dispute Resolution Process – Three essential questions you need to ask about the dispute resolution process. Make the Most of Mediation in Negotiations and Dispute Resolution – Make sure your next mediation session succeeds with these negotiation skills tips. 10 Great Examples of Negotiation in Business – These examples of negotiation in business share ten great lessons. Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy – Combine the arts of diplomacy and savvy business negotiation in your next session at the bargaining table after reading this article. Capture the Best of Mediation and Arbitration – Combine mediation skills and arbitration skills in your next session at the bargaining table and improve your results.

What do you think of these Dispute Resolution methods? Have you used any of them before? Let us know in the comment section below.

Originally published in 2014.

Adapted from “Trying to resolve a dispute? Choose the right process,” in the August 2009 issue of Negotiation.

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No Responses to “What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation”

7 responses to “what are the three basic types of dispute resolution what to know about mediation, arbitration, and litigation”.

I find it interesting that arbitration is a type of dispute resolution. It is good to know that arbitration is more affordable than other methods. I think it would be crucial to hire an arbitrator with a good track record.

Very resourceful

Oftentimes in practice, disputants usually cool off their emotions by adopting litigation as a method of resolvong their issues. This changes after their emotions settle, and they are now open to other methods of resolution. So there’s a method I call Lit=Med.. Litigation before Mediation. The parties thereafter explore settlement amicably. Their terms of settlement can be adopted as the consent judgement of the court. The issues of time and cost makes them explore this process.

Mediation does result in binding agreements, based on the parties’ mediated discussions. However, binding areements resulting from litigations or arbitrations which are settled are not as frequently complied with as agreements reached after mediation. There is yet a fourth method of dispute resolution not mentioned here. That is facilitated mediated negotiation, during which the mediator takes on a more active roll in guiding the parties towards a resolution. In this type of mediation, the mediator is often expected to have a substantive background in the subject matter.

The benefit of mediation is the fact that the parties to the mediation come to their own agreement. The decisions made by the parties are usually longer lasting compared to the judge or jury in litigation or the arbitrator in an arbitration.

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117 Dispute Resolution Essay Topic Ideas & Examples

Inside This Article

Dispute resolution is an important aspect of any legal system, as it allows parties to resolve their conflicts in a peaceful and efficient manner. However, finding a suitable topic for a dispute resolution essay can be challenging. To help you brainstorm ideas for your essay, here are 117 dispute resolution essay topic ideas and examples:

The role of arbitration in resolving commercial disputes
Mediation as an effective alternative to litigation
The impact of culture on dispute resolution practices
Online dispute resolution: Pros and cons
The use of restorative justice in resolving criminal disputes
The role of negotiation in resolving labor disputes
The effectiveness of alternative dispute resolution methods in family law cases
The use of peer mediation in schools to resolve conflicts
The role of technology in modern dispute resolution practices
The impact of power dynamics on dispute resolution outcomes
The importance of confidentiality in mediation processes
The role of emotions in dispute resolution
The impact of bias in dispute resolution processes
The use of third-party neutrals in resolving disputes
The role of empathy in resolving conflicts
The impact of gender on dispute resolution outcomes
The use of collaborative law in resolving divorce cases
The role of trust in dispute resolution processes
The effectiveness of restorative circles in resolving community disputes
The impact of legal representation on dispute resolution outcomes
The role of communication in resolving conflicts
The use of interest-based negotiation in resolving disputes
The impact of time pressure on dispute resolution processes
The importance of procedural fairness in dispute resolution
The role of power imbalances in dispute resolution outcomes
The use of mediation-arbitration in resolving complex disputes
The impact of cross-cultural communication on dispute resolution processes
The effectiveness of online dispute resolution platforms
The role of apologies in resolving disputes
The impact of emotional intelligence on dispute resolution outcomes
The use of transformative mediation in resolving workplace conflicts
The importance of accountability in dispute resolution processes
The role of legal ethics in dispute resolution
The impact of non-verbal communication in resolving conflicts
The effectiveness of shuttle diplomacy in resolving international disputes
The role of power mapping in dispute resolution processes
The use of restorative practices in resolving school bullying incidents
The impact of legal precedent on dispute resolution outcomes
The importance of transparency in dispute resolution processes
The role of social media in modern dispute resolution practices
The effectiveness of peer mediation in resolving peer conflicts
The impact of organizational culture on dispute resolution outcomes
The use of conciliation in resolving workplace disputes
The role of cognitive biases in dispute resolution processes
The importance of active listening in resolving conflicts
The impact of language barriers on dispute resolution outcomes
The effectiveness of collaborative problem-solving in resolving disputes
The role of power dynamics in resolving family disputes
The use of online mediation in resolving e-commerce disputes
The impact of implicit bias on dispute resolution processes
The importance of emotional regulation in resolving conflicts
The role of trust-building in dispute resolution outcomes
The effectiveness of peer review in resolving scientific disputes
The impact of group dynamics on dispute resolution processes
The use of interest-based bargaining in resolving labor disputes
The role of empathy in resolving interpersonal conflicts
The importance of cultural competence in dispute resolution practices
The impact of legal frameworks on dispute resolution outcomes
The effectiveness of transformative justice in resolving systemic conflicts
The role of power dynamics in resolving environmental disputes
The use of mindfulness in dispute resolution processes
The impact of cognitive dissonance on dispute resolution outcomes
The importance of procedural justice in resolving conflicts
The role of restorative justice in resolving historical injustices
The effectiveness of facilitated dialogue in resolving community disputes
The use of conciliation in resolving workplace conflicts
The importance of emotional intelligence in dispute resolution practices
The impact of cultural differences on dispute resolution outcomes
The effectiveness of restorative practices in resolving school conflicts
The role of empathy in resolving workplace disputes
The importance of trust-building in dispute resolution processes
The use of interest-based negotiation in resolving complex disputes
The role of emotional regulation in resolving conflicts
The impact of cognitive biases on dispute resolution processes
The importance of active listening in resolving interpersonal conflicts

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Beyond Intractability

The Hyper-Polarization Challenge to the Conflict Resolution Field We invite you to participate in an online exploration of what those with conflict and peacebuilding expertise can do to help defend liberal democracies and encourage them live up to their ideals.

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Hyper-Polarization, COVID, Racism, and the Constructive Conflict Initiative Read about (and contribute to) the Constructive Conflict Initiative and its associated Blog —our effort to assemble what we collectively know about how to move beyond our hyperpolarized politics and start solving society's problems.

By Brad Spangler Heidi Burgess

Originally published July 2003, updated July 2012 and again in March, 2017.

Current Implications

The importance of making the conflict/dispute distinction is evident in current political conflicts, both in the U.S. and abroad. In the U.S., Donald Trump has been the President for a mere three weeks as I write this, and almost every day he has issued an Executive Order that creates a new dispute with his Democratic Party opponents. More...

The Difference Between "Conflicts" and "Disputes"

Most people probably do not recognize a distinct difference between the terms "conflict" and "dispute." However, many conflict scholars do draw a distinction between the two terms. As is unfortunately common in this field, different scholars define the terms in different ways, leading to confusion.

This post is also part of the

exploration of the tough challenges posed by the
.

One way that is particularly useful, however, is the distinction made by John Burton which distinguishes the two based on time and issues in contention. Disputes, Burton suggests, are short-term disagreements that are relatively easy to resolve. Long-term, deep-rooted problems that involve seemingly non-negotiable issues and are resistant to resolution are what Burton refers to as conflicts . Though both types of disagreement can occur independently of one another, they may also be connected. In fact, one way to think about the difference between them is that short-term disputes may exist within a larger, longer conflict. A similar concept would be the notion of battles, which occur within the broader context of a war.

Following Burton's distinction, disputes involve interests that are negotiable. That means it is possible to find a solution that at least partially meets the interests and needs of both sides. For example, it generally is possible to find an agreeable price for a piece of merchandise. The seller may want more, the buyer may want to pay less, but eventually they can agree on a price that is acceptable to both. Likewise, co-workers may disagree about who is to do what task in an office. After negotiating, each may have to do something they did not want to do, but in exchange they will get enough of what they did want to settle the dispute (see compromise ).

Long-term conflicts, on the other hand, usually involve non-negotiable issues. They may involve deep-rooted moral or value differences , high-stakes distributional questions , or conflicts about who dominates whom . Fundamental human psychological needs for identity, security , and recognition are often at issue as well. None of these issues are negotiable. People will not compromise fundamental values. They will not give up their chance for a better life by submitting to continued injustice or domination, nor will they change or give up their self-identity. Deep-rooted conflicts over these types of issues tend to be drawn out and highly resistant to resolution, often escalating or evolving into intractable conflicts.

A Clarifying Example: The Cold War

While many disputes stand alone and are settled permanently, others are part of a continuing long-term conflict. Looking back at events that represent concrete manifestations of the Cold War between the United States and U.S.S.R. provides a good example of this idea. For example, each round of Strategic Arms Limitation Talks, the Cuban Missile Crisis, the U.S.-Vietnam War, and the Soviet invasion of Afghanistan all constitute disputes within the broader conflict of the Cold War. The Vietnam War was extremely serious and relatively long, but nonetheless was a short-term conflict or "dispute" in the context of the Cold War, which played out over more than 40 years. However, as this example illustrates, even the most resolution-resistant conflicts can be transformed and resolved. While the U.S. and Russia are not "best friends" today, their relationship is certainly much more positive now than it was during the Cold War. Moreover, expectations for a U.S.-Russian war are now far more remote.

Other Distinctions between Conflicts and Disputes

Costintino and Merchant[1] define conflict as the fundamental disagreement between two parties, of which a dispute is one possible outcome. (Conciliation, conflict avoidance, or capitulation are other outcomes.) This is similar to Douglas Yarn's observation that conflict is a state, rather than a process. People who have opposing interests, values, or needs are in a state of conflict, which may be latent (meaning not acted upon) or manifest, in which case it is brought forward in the form of a dispute or disputing process. In this sense, "a conflict can exist without a dispute, but a dispute cannot exist without a conflict."[2]

Implications for Intractable Conflicts

Although all of these definitions have merit, most scholars agree that intractable conflicts are deep-rooted, protracted, and resistant to resolution. However, there are ups and downs in the life of such conflicts. Episodes occur in which the fighting (physical or psychological) is intense; at other times it subsides. The view that each intense period is a dispute which ends when the dispute (though not the conflict) is settled or resolved is a useful way to distinguish the normal ebb and flow of intractable conflicts.

See, for example, the figure below. This figure illustrates the relationship in an imaginary dispute between two ethnic groups in a post-colonial society named Dufountain. [3] The two groups in this hypothetical country are the "Duists" and the "Fountists." Time runs from left to right. Each of the sets of fat arrows represents one "dispute." In this illustration, five disputes occur. The first one results in improved policies for the Duists (shown by the solid black arrows going up toward the top of the page). The next two benefit the Fountists. The fourth one benefits the Duists, while the final dispute on this diagram favors the Fountists again. None of the disputes resolves the long-term, underlying conflict (represented by the thick horizontal arrow at the bottom of the diagram; the dispute settlements only alter social policies for a time in a way that favors one group more than another. Whenever the losing group believes that it has gained enough power to prevail in a later dispute, it will most likely try again to engage the opponent and force an outcome that is more favorable to them than the earlier dispute outcome was. For this reason, dispute settlement is not the same thing as conflict resolution . One is a temporary settlement of an immediate problem; the other is a long-term settlement of an underlying long-running conflict.

But resolving each individual dispute--the "Travel Ban," the elimination of the Obama rule requiring financial professionals to put their client's interests first, the requirement that all agencies that issue regulations to eliminate two regulations for each one they create, for instance--will not end the conflict between Republicans and Democrats. Indeed, if the each of these disputes is ended by one side over-powering the other, it is likely just to make the long-term conflict even more intractable than it was before.

A better approach is to keep the long-term conflict in mind as one resolves disputes. If disputes are resolved in a collaborative way, it paves the way for de-escalation of the long-running conflict and a transformation of hostile relations. -- Heidi Burgess Feb. 2017

Back to Essay Top

[1] Costintino, C.A. and Merchant C.S. Designing Conflict Management Systems: A Guide to Creating Productive and Healthy Organizations . San Francisco: Jossey-Bass, 1996, pp 4-5

[2] Douglas H. Yarn, ed. "Conflict" in Dictionary of Conflict Resolution , San Francisco: Jossey-Bass 1999. p. 115.

[3] This diagram was created by Guy Burgess and Heidi Burgess and was copied with permission from their Online Training Program on Intractable Conflicts (a predecessor to this project). The URL for the original posting is http://www.colorado.edu/conflict/peace/essay/Dufountain.htm .

Use the following to cite this article: Spangler, Brad and Heidi Burgess. "Conflicts and Disputes." Beyond Intractability . Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: July 2003 < http://www.beyondintractability.org/essay/conflicts-disputes >.

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Beyond Intractability Essay Copyright © 2003-2017 The Beyond Intractability Project, The Conflict Information Consortium, University of Colorado; All rights reserved. Content may not be reproduced without prior written permission. All Creative Commons (CC) Graphics used on this site are covered by the applicable license (which is cited) and any associated "share alike" provisions.

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Writing Competitions for Law Students: Alternative Dispute Resolution

Introduction
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Villanova Law Competitions

ADR Competitions

James B. Boskey Law Student Essay Contest on Dispute Resolution

The purpose of the competition is to create greater interest in the field of dispute resolution among law students at U.S. law schools.

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Last Updated: Feb 26, 2024 1:37 PM
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Home / Essay Samples / Business / Management / Dispute Resolution

Dispute Resolution Essay Examples

Alternative dispute resolution – the best avenue for settling disputes.

On any other given day, reading the sentence “faster, easier and cheaper” might mean someone is advertising a new vacuum cleaner. In the case of this essay, the same words could be used to describe ADR — Alternative Dispute Resolution. ADR is a general term...

The Concepts of Litigation & Arbitration

El-Adaway and Ezeldin (2007) have labelled both litigation and arbitration as traditional dispute resolution procedures. This methods particularly being used in construction industry long before the existence of other dispute resolution mechanism. Litigation is the oldest method of resolving disputes. This method involves a lengthy...

Advantages and Disadvantages of Alternative Dispute Resolution

Until very recently, conflict was seen as something negative that had to be avoided. This may be so because we perceive more the destructive consequences that are used to resolve the disputes, and not so much the conflict itself. On the other hand, we also...

Personal Statement for Masters in Dispute Resolution

I am applying for admission into your Master of Dispute Resolution program because I believe it will provide me with the opportunity to be effective in my career. I come from a rather scientific background, holding a Bachelor of Science from California State University, Los...

Alternative Dispute Resolution in Healthcare

The purpose of alternative dispute resolution in healthcare is that not healthcare professionals view things the same, especially when it comes to considering their religious beliefs. Alternative dispute resolution allows helps provide different approaches to identify solutions to conflicts. Alternative Dispute Resolution (ADR) refers to...

Mediation and Arbitration: the Use of Alternative Dispute Resolution (adr) in Healthcare

Medical malpractice has existed for many years and will continue to happen with the passage of time in the United States of America as in other parts of the world, due to human error or some medical negligence. The work of health professionals is to...

Online Dispute Resolution on Warranties

Mechanisms to end consumer disputes have been documented over time and a major focus on the necessity to come up with alternative means to deal with these disputes is on the rise. Scholars have spent a considerable amount of time piecing up shreds of evidence...

Online Dispute Resolution: Advantages and Disadvantages

Online Dispute Resolution (ODR) is a voluntary confidential mediation process in which disputants communicate online to resolve a conflict. Nonetheless, as this form is still in its early stages, many questions its reliability and its future. Hence, this essay will first look at the advantages,...

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