Lesson 4: Dispute resolution
1 Introduction and terminology
legal disputes
where a person does not agree with the factual or legal interpretation of a situation by
another person
methods
1. judicial processes
o a state judge or court is the means of conflict resolution
o the most common form is litigation
2. extrajudicial processes/alternative dispute resolution (ADR)
o the main forms are arbitration, negotiation, and mediation
o arbitration is an adjudicative process, meaning that a third person or a
tribunal determines the outcome
o other forms are consensual processes, meaning that the disputing parties
attempt to reach an agreement
2 Litigation
• initiated when one party files suit (lawsuit) against another
• governed by procedural rules
• verdict of the court is legally binding
• parties have the right to appeal the judgment to a higher court
• adversarial (offensive, attacker) in nature
• going to court is costly and time-consuming
considerations before starting a litigation
• risks involved
• judicial decision enforceable
• affordable
• willing and patient
• way to settle without going to court
• sufficient evidence
• ADR a suitable option
3 Alternative dispute resolution (ADR)
• outside of the judicial process (formal litigation – court)
methods
arbitration, negotiation, mediation, Online Dispute Resolution (ODR), and mini-trial
Lesson 4 1/4
1 Introduction and terminology
legal disputes
where a person does not agree with the factual or legal interpretation of a situation by
another person
methods
1. judicial processes
o a state judge or court is the means of conflict resolution
o the most common form is litigation
2. extrajudicial processes/alternative dispute resolution (ADR)
o the main forms are arbitration, negotiation, and mediation
o arbitration is an adjudicative process, meaning that a third person or a
tribunal determines the outcome
o other forms are consensual processes, meaning that the disputing parties
attempt to reach an agreement
2 Litigation
• initiated when one party files suit (lawsuit) against another
• governed by procedural rules
• verdict of the court is legally binding
• parties have the right to appeal the judgment to a higher court
• adversarial (offensive, attacker) in nature
• going to court is costly and time-consuming
considerations before starting a litigation
• risks involved
• judicial decision enforceable
• affordable
• willing and patient
• way to settle without going to court
• sufficient evidence
• ADR a suitable option
3 Alternative dispute resolution (ADR)
• outside of the judicial process (formal litigation – court)
methods
arbitration, negotiation, mediation, Online Dispute Resolution (ODR), and mini-trial
Lesson 4 1/4
