What are the five methods of dispute resolution?

What are the five methods of dispute resolution?

Understanding just what the five strategies or methods of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process.  This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs.  The …

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Conflict Resolution Includes All of the Following Except…

Conflict Resolution Includes All of Following Except...

Conflict resolution includes all of the following, except…? Conflict, whether between individuals, groups, governments, or some combination of these, comes in many forms. Conflict resolution includes multiple processes and methods in facilitating a peaceful ending. Every form of conflict is a purposeful effort to meet some need or gain some advantage, whether it is status, …

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What Happens if You Lose in Arbitration?

What Happens if You Lose in Arbitration?

When arbitration is all said and done, there is always going to be a party who feels like they lost the arbitration.  This party will often need to consider what happens when they lose and whether there is anything they can do to contest the award.  Arbitration is often the end of the road because …

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NAM: National Arbitration and Mediation

NAM: National Arbitration and Mediation

  When people are seeking out alternative dispute resolution services in the United States, many will look straight to NAM: National Arbitration and Mediation.  NAM has regularly been recognized as the leading alternative dispute resolution provider in the United States has provided exceptional service for almost 30 years.  The services provided by NAM and the …

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What Does it Mean to Litigate a Dispute?

litigate a dispute

As practitioners of alternative dispute resolution, we compare our methods to litigation, often without pausing to describe what it means to litigate a dispute.  Litigation is often the alternative to dispute resolution because it is the default forum to resolve a dispute in the United States and many places around the world.  It is what …

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Collaborative Law vs Mediation

Collaborative Law vs Mediation

Collaborative Law vs Mediation: what should you pick? Amy and Bob Cromwell married ten years ago and have three children.  The spark between them died years ago.  They work together in the family business, Cromwell’s Crackers. After some painful conversations, they have decided to divorce. The Cromwells do not want lengthy and contentious litigation that …

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Prelitigation in Alternative Dispute Resolution

Prelitigation in Alternative Dispute Resolution

Well, you’re fed up with waiting. You’re finally ready to file that breach of contract suit against what used to be your best customer. They have been stringing you along, but you have had it. Or maybe you just got a nasty letter in the mail telling you the people who bought your house weren’t …

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What is an Arbiter of Justice?

Arbiter of Justice

It’s been said that “not to decide is to decide.” But unless there is only one possible result of inaction, not making a decision surrenders to chaos. Indecision perpetrates the status quo only where a situation is static, which is not often the case. Where conflict is ongoing, it will continue unless parties become exhausted, …

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Conciliation Process: A Step-by-Step Guide (Part I of II)

Process of Conciliation

Conciliation is a word that is often used in alternative dispute resolution forums as an attitude or skill to possess when attempting to settle a dispute through alternative forms of resolution, but the process of conciliation stands on its own as a form of alternative dispute resolution.  Conciliation is a method of dispute resolution that …

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ODR: Online Dispute Resolution Explained

ODR: Online Dispute Resolution

Online dispute resolution can be a useful tool when facing a dispute where it is difficult or impossible to get the parties together to participate in dispute resolution. Online dispute resolution takes a variety of dispute resolution mechanisms and uses technology to help achieve a resolution online.  It primarily focuses on negotiation, mediation, and arbitration, …

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