Dispute Resolution

Dispute Resolution

The process of resolving conflicts or disagreements between parties using methods other than court.

Alternative Dispute Resolution (ADR)

Methods used to resolve disputes without going to trial, often faster, cheaper, and more flexible than litigation.

Negotiation

An informal process where parties communicate directly to reach a settlement without a third party involved.

Mediation

A process involving a neutral third party to help disputing parties communicate and find a mutually acceptable solution.

Arbitration

A formal method where a neutral third party makes a binding decision after hearing both sides.

Arbitrator

A neutral third party who hears a case and makes a decision, often an expert in the relevant field.

Federal Arbitration Act

U.S. law that supports and governs the use of arbitration, ensuring enforceable arbitration agreements.

Arbitral Award

The binding decision made by an arbitrator after hearing both sides of a dispute.

Contractual Agreements to Arbitrate

Clauses in contracts requiring parties to resolve future disputes through arbitration.

Differences Among Mediation, Arbitration, and Litigation

Mediation involves negotiation with no decision-maker; Arbitration has a binding decision-maker; Litigation involves taking a case to court with a judge or jury.