CONFLICT RESOLUTION PROCESSES:
Adjudicative
processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome.
Consensual
processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach
agreement.
A Lawsuit is a civil action brought
before a court of law in which a plaintiff, a party who claims to have received
damages from a defendant's actions, seeks a legal or equitable remedy. The
defendant is required to respond to the plaintiff's complaint. If the plaintiff
is successful, judgment will be given in the plaintiff's favor, and a range of
court orders may be issued to enforce a right, award damages, or impose an
injunction to prevent an act or compel an act.
Arbitration, a form of alternative dispute
resolution (ADR), is a legal technique for the resolution of disputes outside the courts, wherein the parties to
a dispute refer it to one or more persons (the "arbitrators",
"arbiters" or "arbitral tribunal"), by whose decision (the
"award") they agree to be bound. It is a settlement technique in
which a third party reviews the case and imposes a decision that is legally
binding for both sides. Other forms of ADR include mediation (a form of
settlement negotiation facilitated by a neutral third party) and non-binding
resolution by experts.
Collaborative Law (also
called Collaborative Practice, Collaborative Divorce, and Collaborative Family Law) was originally a family law procedure in
which the two parties agreed that they would not go to court, or threaten to do
so.
Mediation, a form of alternative dispute
resolution (ADR) or "appropriate dispute resolution", aims to assist two (or more) disputants in
reaching an agreement. The parties themselves determine the conditions of any
settlements reached— rather than accepting something imposed by a third party.
The disputes may involve (as parties) states, organizations, communities,
individuals or other representatives with a vested interest in the outcome.
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