Your Get-Along Guide

Conflict

Resolution

Perry P. Lieuallen May, 2011

Methods of Conflict Resolution

There are four general methods of formally resolving conflicts. They are:

Negotiation

Mediation

Arbitration

Litigation

Let’s take a look at what each involves.

Negotiation

Negotiation is generally less formal than the other

methods, although it can also be used as a formal

process with guidelines for how positions and

arguments supporting each position are

exchanged. At the informal end, it may be as

simple as a conversation with another person.

The goal is to reach an understanding or resolve

a point of difference.

Mediation

Mediation is the process by which two or more

people use the services of a mediator to help

them resolve a dispute in a way that each of them

will accept. A mediator is trained to help them

focus on the issues and goals that are most

important to each of them, and structure a

resolution that allows them to find common

ground and, in some cases, accept a compromise

in one area in order to achieve another goal. You

can think of mediation as assisted negotiation.

Arbitration

Arbitration is conducted by a trained arbitrator or,

sometimes, a panel of usually three arbitrators.

Each side presents his or her positions and

arguments to the arbitrator, describing the desired

outcome and the reasons why that outcome is the

correct one. The arbitrator then makes a

decision. This is a more formal process, similar

to litigation except that the arbitrator is hired

privately by the parties. It is usually faster and

less expensive than litigation.

Litigation

Litigation is the process used to resolve cases in

court. It is the most formal of the methods of

resolving disputes. Litigation is controlled by

court rules, starting with how the dispute is filed in

court, how the other party or parties are notified

of the dispute and of each court hearing, what

evidence can be presented, and whether the

case will be heard and decided by a judge or a

jury under the direction of a judge.

Negotiation:

Benefits and Disadvantages

Benefits:

No cost, unless you pay someone such as an

attorney to negotiate for you, or to write up an

agreement based on the resolution you reach

You control the process and the outcome

Disadvantages:

If you do not reach an agreement, you will need to try

another method of resolving the dispute

If the other person does not abide by the agreement

you reach, you may need to take further steps

Mediation:

Advantages and DisadvantagesAdvantages:

You retain control of the process and the outcome

You retain control of the costs

You have assistance from a trained mediator

If you reach an agreement, the mediator will usually help put it in writing

Disadvantages:

If you do not reach an agreement, you will need to try another method of resolving the dispute

If the other person does not abide by the agreement you reach, you may need to take further steps

Arbitration:

Advantages and DisadvantagesAdvantages:

You and the other side can choose the arbitrator

You generally know how much the arbitrator will charge, so you can control that cost

There will be a resolution of the dispute

Disadvantages:

You do not control the outcome; after you make your presentations, the arbitrator makes a decision

If the other person does not abide by the agreement you reach, you may need to take further steps in court

You may have the expense of an attorney, consultants or experts, if the issues are technical or complicated

Litigation:

Advantages and DisadvantagesAdvantages:

There will be a resolution of the dispute

You may benefit from court rules, or the law, if they favor your

position

There is usually a process to enforce a decision

Disadvantages:

You not have control over the outcome after you make your

presentations

The process may become very expensive

It may take a long time, and a lot of your time, before there is a

decision

You may need to take more steps to enforce a decision if the

other side does not voluntarily comply

Should I have a lawyer?

That is a question that only you can answer. A

lawyer can help you understand whether your

position is reasonable under the laws of your

state. Many people will consult with a lawyer to

get that information.

If you are going to be involved in arbitration or

litigation, you may want to consider hiring a

lawyer, especially if the other side has a lawyer.

A lawyer understands the processes and the law,

and can help you present your case more

effectively.

Is there another option?In many states, you can hire a lawyer to act as your

coach. This is sometimes called “limited scope

representation.” You will get the benefit of the lawyer’s

advice on the law, and how best to present your

position, but you can save money by handling many

of the routine procedural steps yourself.

You will want to discuss this carefully with an attorney

who you hire for this purpose, to be sure you each

understand exactly what you are to do. You want to

be sure you are able and willing to do the tasks

assigned to you, because if you make a mistake, such

as not filing a paper by a deadline, the lawyer may not

be able to fix that.

How to use this information

The information in this e-book is very general, and is not intended to be and is not legal advice to you. There are many other considerations that you need to be aware of when you make a decision. You should research your type of dispute, and each method of dispute resolution, very thoroughly before you decide how you want to proceed. We hope that it will increase your understanding of how you can make good decisions on what to do when you find yourself in a dispute with another person or a business.

About the Author

Perry P. Lieuallen is an attorney and certified

mediator. You can find his blog at:

www.resolutionconflict.com

His website is currently being reconstructed. In it’s

current state, it would be generous to call it

pathetic. You can probably view it now, but

please check back for updates coming soon.

www.perrylieuallen.com

May, 2011