What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
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What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
- Mediation
The goal of mediation is for a neutral third party to help disputants come to consensus on their own.
Rather than imposing a solution, a professional mediator works with the conflicting sides to explore the interests underlying their positions.
Working with parties together and sometimes separately, mediators try to help them hammer out a resolution that is sustainable, voluntary, and nonbinding.
- Arbitration
In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute.
The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.
The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present and which standards of evidence will be used.
- Litigation
The judge or the jury is responsible for weighing the evidence and making a ruling. Information conveyed in hearings and trials usually enters the public record.
Lawyers typically dominate litigation, which often ends in a settlement agreement during the pretrial period of discovery .