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What Is Conflict Resolution?
There are many ways to resolve conflicts – surrendering, running away, overpowering your opponent with violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes referred to simply as conflict resolution, grew out of the belief that there are better options than going to court. Today, the terms ADR and Conflict Resolution are used somewhat interchangeably and refer to a wide range of processes that encourage dispute resolution outside of the traditional court system.
Mediation is a consensual dispute resolution process in which a neutral third party helps disputants to identify issues, clarify perceptions and explore options for a mutually acceptable outcome. In general, mediators do not offer their own opinions regarding likely court outcomes or the merits of the case. Instead, mediators offer the opportunity to expand the settlement discussion beyond the legal issues in dispute and focus on developing creative solutions, which emphasize the parties' practical concerns.
Compulsory Arbitration is a non-binding, adversarial dispute resolution process in which one or more arbitrators hear arguments, weigh evidence and issue a non-binding judgment on the merits after an expedited hearing. The arbitrator's decision addresses only the disputed legal issues and applies legal standards. Either party may reject the ruling and request a trial de novo in court.
Voluntary Arbitration is a binding, adversarial dispute resolution process in which the disputing parties choose one or more arbitrators to hear their dispute and to render a final decision or award after an expedited hearing.
Neutral Evaluation is a non-binding, confidential process in which a neutral third party with subject-matter expertise hears abbreviated arguments and offers an evaluation of likely outcomes in an effort to promote settlement. The neutral evaluator may also provide case planning guidance and settlement assistance with the parties' consent. This process is a valuable supplement to judicial case management because it offers parties a confidential assessment of the strengths and weaknesses of their case.
Facilitation is a process in which an impartial facilitator helps parties to communicate and to constructively organize their discussion. Facilitation may be a public or private process, and it is particularly helpful in meetings involving many participants. What distinguishes facilitation from other forms of assisted negotiation, such as mediation, is that the facilitator places little to no emphasis on generating movement or achieving a solution and instead focuses purely on moderating the discussion among the parties.
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