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For Wikipedia's dispute resolution guidelines, see Wikipedia:Dispute resolution.

Dispute resolution is the process of resolving disputes between parties. A party is a Person or group of persons that compose a single Entity which can be identified as one for the purposes of the Law.

Contents

Methods

Methods of dispute resolution include:

One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy Arbitration, a form of Alternative dispute resolution (ADR is a legal technique for the resolution of Disputes outside the Courts wherein the Overview and History Collaborative Family Law (also called Collaborative Practice Collaborative Divorce and Collaborative Law was originally a family law procedure in which Mediation, a form of Alternative dispute resolution (ADR or "appropriate Dispute resolution " aims to assist two (or more disputants in reaching Conciliation is an Alternative dispute resolution (ADR process whereby the parties to a dispute (including future interest disputes agree to utilize the services of a conciliator For Wikipedia's negotiation policy see WikipediaNegotiation. For other uses see Negotiation (disambiguation. Violence is the exertion of force so as to injure or abuse The word is used broadly to describe the destructive action of natural phenomena like Storms and Earthquakes War is an international relations Dispute, characterized by organized Violence between National Military units Some individuals, notably Joseph Stalin, have stated that all problems emanate from man, and absent man, no problems ensue. Joseph Stalin ( ნამდვილი გვარი ჯუღაშვილი|Iosif Vissarionovich Dzhugashvili; March 5 1953 was General Secretary of the Communist Party Hence, violence could theoretically end disputes, but alongside it, life.

Dispute resolution processes fall into two major types:

  1. Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome. Adjudication is the legal process by which an arbiter or Judge reviews evidence and argumentation including legal Reasoning
  2. Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.

Not all disputes, even those in which skilled intervention occurs, end in resolution. Such intractable disputes form a special area in dispute resolution studies. Computational complexity theory, as a branch of the Theory of computation in Computer science, investigates the problems related to the amounts of resources

Judicial dispute resolution

A competent and effective judge, arbitrator or mediator can greatly aid 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. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. A judge, or justice, is an Official who presides over a Court of law JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than This article is about the inquisitorial system for organizing court proceedings In the United States and other common law countries, judges are often experienced trial lawyers who have litigated many cases over many years before their appointment or election to the judiciary. The United States of America —commonly referred to as the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Retired judges or experienced private lawyers often become arbitrators or mediators, but trained and qualified non-legal dispute resolution specialists form a growing body. In the United States of America, many states now have mediation or other ADR programs annexed to the courts, to facilitate settlement of lawsuits. The United States of America —commonly referred to as the

Extrajudicial dispute resolution

Some use the term dispute resolution to refer only to alternative dispute resolution (ADR), that is, extrajudicial processes such as arbitration, collaborative law, 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. Alternative dispute resolution (ADR includes Dispute resolution processes and techniques that fall outside of the government judicial process A business (also called firm or an enterprise) is a legally recognized organizational entity designed to provide goods and/or services to Public international law concerns the structure and conduct of States and Intergovernmental organizations. A state is a political association with effective Sovereignty over a geographic Area and representing a Population. ADR generally depends on 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 offer the fairest way for parties not in an equal bargaining relationship, for example in a dispute between a consumer and a large corporation. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its Consumers refers to individuals or households that use goods and services generated within the economy. A corporation is a separate legal entity usually used to conduct business In addition, in some circumstances, arbitration and other ADR processes may become as expensive as litigation or more so.

Online dispute resolution

Dispute resolution can also take place on-line or by using technology in certain cases. Online dispute resolution, a growing field of dispute resolution, uses new technologies to solve disputes. Online dispute resolution (ODR is a branch of Dispute resolution which uses technology to facilitate the resolution of disputes between parties Online Dispute Resolution is also called "ODR". Online Dispute Resolution or ODR also involves the application of traditional dispute resolution methods to disputes which arise online.

References

Further reading

See also

Additional resources

Pepperdine University’s Straus Institute for Dispute Resolution provides professional training and academic programs in dispute resolution including a Certificate, Masters in Dispute Resolution (MDR) and Masters of Law in Dispute Resolution (LLM). Alternative dispute resolution (ADR includes Dispute resolution processes and techniques that fall outside of the government judicial process Overview and History Collaborative Family Law (also called Collaborative Practice Collaborative Divorce and Collaborative Law was originally a family law procedure in which Overview and History Collaborative Family Law (also called Collaborative Practice Collaborative Divorce and Collaborative Law was originally a family law procedure in which The term "conflict resolution" refers to a range of processes aimed at alleviating or eliminating sources of conflict Conflict resolution is any reduction in the severity of a Conflict. Diplomacy is the art and practice of conducting Negotiations between representatives of groups or states Party directed mediation is a Mediation approach that seeks to empower each party in a dispute enabling each party to have more direct influence upon the resolution Peacekeeping, as defined by the United Nations, is "a way to help countries torn by conflict create conditions for sustainable peace Restorative Justice is commonly known as a Theory of criminal justice that focuses on crime as an act against another individual or community rather than the state The National Arbitration Forum, founded in 1986, is one of the nation's largest Dispute resolution companies Straus provides education to law and graduate students, as well as mid-career professionals in areas of mediation, negotiation, arbitration, international dispute resolution and peacemaking.

The City University of New York Dispute Resolution Consortium (CUNY DRC) serves as an intellectual home to dispute resolution faculty, staff and students at the City University of New York and to the diverse dispute resolution community in New York City. At the nation’s largest urban university system, the CUNY DRC has become a focal point for furthering academic and applied conflict resolution work in one of the world’s most diverse cities. The CUNY DRC conducts research and innovative program development, has co-organized countless conferences, sponsored training programs, resolved a wide range of intractable conflicts, published research working papers and a newsletter. It also maintains an extensive database of those interested in dispute resolution in New York City, a website with resources for dispute resolvers in New York City and since 9/11, the CUNY DRC assumed a leadership role for dispute resolvers in New York City by establishing an extensive listserv, sponsoring monthly breakfast meetings, conducting research on responses to catastrophes, and managing a public awareness initiative to further the work of dispute resolvers.

Peacemakers Trust, based in Victoria, Canada, is a non-profit organization for research and education in the field of conflict resolution and peacebuilding with a list of definitions in the field of dispute resolutionan as well as an extensive searchable online bibliography.

External links

Dictionary

dispute resolution

-noun

  1. The process of resolving disputes between parties.
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