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Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is conflict resolution through legal means.^[1]

Prominent venues for dispute settlement in international law include the International Court of Justice (formerly the Permanent Court of International Justice); the United Nations Human Rights Committee (which operates under the ICCPR) and European Court of Human Rights; the Panels and Appellate Body of the World Trade Organization; and the International Tribunal for the Law of the Sea.^[2] Half of all international agreements include a dispute settlement mechanism.^[3]

States are also known to form their own arbitration tribunals to settle disputes.^[2] Prominent private international courts, which adjudicate disputes between commercial private entities, include the International Court of Arbitration (of the International Chamber of Commerce) and the London Court of International Arbitration.^[4]

Methods

Methods of dispute resolution include:

lawsuits (litigation) (legislative) ^[5]
arbitration
collaborative law
mediation
conciliation
negotiation
facilitation
avoidance

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. Also, violence rarely causes the parties involved in the dispute to no longer disagree on the issue that caused the violence. For example, a country successfully winning a war to annex part of another country's territory does not cause the former waring nations to no longer seriously disagree to whom the territory rightly belongs to and tensions may still remain high between the two nations.

Dispute resolution processes fall into two major types:

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.

Not all disputes, even those in which skilled intervention occurs, end in resolution. Such intractable disputes form a special area in dispute resolution studies.^[6]

Dispute resolution is an important requirement in international trade, including negotiation, mediation, arbitration and litigation.^[7]^{[full citation needed]}

Legal dispute resolution

The legal system provides resolutions for many different types of disputes. Some disputants will not reach agreement through a collaborative process. Some disputes need the coercive power of the state to enforce a resolution. Perhaps more importantly, many people want a professional advocate when they become involved in a dispute, particularly if the dispute involves perceived legal rights, legal wrongdoing, or threat of legal action against them.

The most common form of judicial dispute resolution is litigation. Litigation is initiated when one party files suit against another. In the United States, litigation is facilitated by the government within federal, state, and municipal courts. While litigation is often used to resolve disputes, it is strictly speaking a form of conflict adjudication and not a form of conflict resolution per se. This is because litigation only determines the legal rights and obligations of parties involved in a dispute and does not necessarily solve the disagreement between the parties involved in the dispute. For example, supreme court cases can rule on whether US states have the constitutional right to criminalize abortion but will not cause the parties involved in the case to no longer disagree on whether states do indeed have the constitutional authority to restrict access to abortion as one of the parties may disagree with the supreme courts reasoning and still disagree with the party that the supreme court sided with. Litigation proceedings are very formal and are governed by rules, such as rules of evidence and procedure, which are established by the legislature. Outcomes are decided by an impartial judge and/or jury, based on the factual questions of the case and the application law. The verdict of the court is binding, not advisory; however, both parties have the right to appeal the judgment to a higher court. Judicial dispute resolution is typically adversarial in nature, for example, involving antagonistic parties or opposing interests seeking an outcome most favorable to their position.

Due to the antagonistic nature of litigation, collaborators frequently opt for solving disputes privately.^[8]

Retired judges or private lawyers often become arbitrators or mediators; however, trained and qualified non-legal dispute resolution specialists form a growing body within the field of alternative dispute resolution (ADR). In the United States, many states now have mediation or other ADR programs annexed to the courts, to facilitate settlement of lawsuits.

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. 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. In addition, in some circumstances, arbitration and other ADR processes may become as expensive as litigation or more so.^{[citation needed]}

References

^ Burton, J. (1990) Conflict: Resolution and Prevention. New York: St Martin's Press.
^ ^a ^b Orakhelashvili, Alexander (2018). Akehurst's Modern Introduction to International Law. Routledge. pp. 537–556. doi:10.4324/9780429439391. ISBN 9780429439391. S2CID 159062874.
^ Koremenos, Barbara (2007). "If Only Half of International Agreements Have Dispute Resolution Provisions, Which Half Needs Explaining?". The Journal of Legal Studies. 36 (1): 189–212. doi:10.1086/509275. ISSN 0047-2530. S2CID 154949275.
^ Mattli, Walter (2001). "Private Justice in a Global Economy: From Litigation to Arbitration". International Organization. 55 (4): 919–947. doi:10.1162/002081801317193646. ISSN 1531-5088. S2CID 154989928.
^ What is Litigation: The Complete Guide (youtube)
^ "Thesis" (PDF).
^ Global Business Environment (Fifth Edition) by FITT, pages 301, 302 & 303
^ Lieberman, Jethro K.; Henry, James F. (1986). "Lessons from the Alternative Dispute Resolution Movement". The University of Chicago Law Review. 53 (2): 424. doi:10.2307/1599646. JSTOR 1599646.

@@ Line 1: / Line 1: @@
+{{Short description|Act of resolving disputes between parties}}
-{{selfref|For Wikipedia's dispute resolution guidelines, see [[Wikipedia:Resolving disputes]].}}
-{{mergeto|Conflict resolution|Talk:Conflict resolution#Merger proposal|date=November 2007}}
+{{for|dispute resolution policies on Wikipedia|Wikipedia:Dispute resolution|selfref=y}}
+{{Use dmy dates|date=February 2020}}
-{{expert}}
+{{More citations needed|date=February 2011}}
-'''Dispute resolution''' is the process of resolving disputes between [[party (law)|parties]].
+{{Conflict resolution sidebar}}
+'''Dispute resolution''' or '''dispute settlement''' is the process of resolving disputes between [[party (law)|parties]]. The term ''dispute resolution'' is ''[[conflict resolution]]'' through [[law|legal]] means.<ref>Burton, J. (1990) Conflict: Resolution and Prevention. New York: St Martin's Press.</ref>
+Prominent venues for dispute settlement in [[international law]] include the [[International Court of Justice]] (formerly the [[Permanent Court of International Justice]]); the [[United Nations Human Rights Committee]] (which operates under the [[International Covenant on Civil and Political Rights|ICCPR]]) and [[European Court of Human Rights]]; the [[Appellate Body|Panels and Appellate Body]] of the [[World Trade Organization]]; and the [[International Tribunal for the Law of the Sea]].<ref name=":12">{{Cite book |last=Orakhelashvili |first=Alexander |url=https://www.taylorfrancis.com/books/mono/10.4324/9780429439391/akehurst-modern-introduction-international-law-alexander-orakhelashvili |title=Akehurst's Modern Introduction to International Law |year=2018 |publisher=Routledge |pages=537–556 |doi=10.4324/9780429439391|isbn=9780429439391 |s2cid=159062874 }}</ref> Half of all international agreements include a dispute settlement mechanism.<ref>{{Cite journal |last=Koremenos |first=Barbara |date=2007 |title=If Only Half of International Agreements Have Dispute Resolution Provisions, Which Half Needs Explaining? |url=https://www.journals.uchicago.edu/doi/10.1086/509275 |journal=The Journal of Legal Studies |volume=36 |issue=1 |pages=189–212 |doi=10.1086/509275 |s2cid=154949275 |issn=0047-2530}}</ref>
+States are also known to form their own [[Arbitral tribunal|arbitration tribunals]] to settle disputes.<ref name=":12" /> Prominent private international courts, which adjudicate disputes between commercial private entities, include the [[International Court of Arbitration]] (of the [[International Chamber of Commerce]]) and the [[London Court of International Arbitration]].<ref>{{Cite journal |last=Mattli |first=Walter |date=2001 |title=Private Justice in a Global Economy: From Litigation to Arbitration |url=https://www.cambridge.org/core/journals/international-organization/article/abs/private-justice-in-a-global-economy-from-litigation-to-arbitration/A2F2EB676B90872E5CBEBE8F88996471 |journal=International Organization |language=en |volume=55 |issue=4 |pages=919–947 |doi=10.1162/002081801317193646 |s2cid=154989928 |issn=1531-5088}}</ref>
 ==Methods==
 Methods of dispute resolution include:
+* [[lawsuit]]s (litigation) (legislative) <ref>[https://www.youtube.com/watch?v=x9pBNy8sc1k What is Litigation: The Complete Guide] ''(youtube)''</ref>
-* [[lawsuit]]s (litigation)
 * [[arbitration]]
 * [[collaborative law]]
 * [[mediation]]
 * [[conciliation]]
-* many types of [[negotiation]]
+* [[negotiation]]
+* [[Facilitator|facilitation]]
-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.{{Fact|date=May 2007}} Some individuals, notably [[Joseph Stalin]], have stated that all problems emanate from man, and absent man, no problems ensue. Hence, violence could theoretically end disputes, but alongside it, life.
+*[[Conflict avoidance|avoidance]]
+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. Also, violence rarely causes the parties involved in the dispute to no longer disagree on the issue that caused the violence. For example, a country successfully winning a war to annex part of another country's territory does not cause the former waring nations to no longer seriously disagree to whom the territory rightly belongs to and tensions may still remain high between the two nations.
 Dispute resolution processes fall into two major types:
@@ Line 18: / Line 27: @@
 # 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.{{Fact|date=May 2007}}
+Not all disputes, even those in which skilled intervention occurs, end in resolution. Such [[intractable conflict|intractable]] disputes form a special area in dispute resolution studies.<ref>{{Cite web|url=http://shodhganga.inflibnet.ac.in/bitstream/10603/28837/9/09_chapter%202.pdf|title=Thesis}}</ref>
+Dispute resolution is an important requirement in international trade, including negotiation, mediation, arbitration and litigation.<ref>''Global Business Environment'' (Fifth Edition) by FITT,
-==Judicial dispute resolution==
+pages 301, 302 & 303</ref>{{Full citation needed|date=December 2016}}
-A competent and effective judge, arbitrator or mediator can greatly aid the proper functioning of the dispute resolution process. In [[Civil law (legal system)|civil law]] systems [[judge]]s are [[jurist]]s who are trained in investigation techniques, the process of determining the veracity of evidence and the [[inquisitorial system]] of adjudication.  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.  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.
-==Extrajudicial dispute resolution==
+==Legal dispute resolution==
+The [[legal system]] provides resolutions for many different types of disputes. Some disputants will not reach agreement through a collaborative process. Some disputes need the coercive power of the state to enforce a resolution. Perhaps more importantly, many people want a professional advocate when they become involved in a dispute, particularly if the dispute involves perceived legal rights, legal wrongdoing, or threat of legal action against them.
-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) [[state]]s.  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 [[court]]s, 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]].  In addition, in some circumstances, arbitration and other ADR processes may become as expensive as litigation or more so.{{Fact|date=May 2007}}
+The most common form of judicial dispute resolution is litigation. Litigation is initiated when one party files suit against another. In the United States, litigation is facilitated by the government within federal, state, and municipal courts. While litigation is often used to resolve disputes, it is strictly speaking a form of conflict adjudication and not a form of conflict resolution per se. This is because litigation only determines the legal rights and obligations of parties involved in a dispute and does not necessarily solve the disagreement between the parties involved in the dispute. For example, supreme court cases can rule on whether US states have the constitutional right to criminalize abortion but will not cause the parties involved in the case to no longer disagree on whether states do indeed have the constitutional authority to restrict access to abortion as one of the parties may disagree with the supreme courts reasoning and still disagree with the party that the supreme court sided with. Litigation proceedings are very formal and are governed by rules, such as rules of evidence and procedure, which are established by the legislature. Outcomes are decided by an impartial [[judge]] and/or [[jury]], based on the factual questions of the case and the application law. The verdict of the court is binding, not advisory; however, both parties have the right to appeal the judgment to a higher court. Judicial dispute resolution is typically adversarial in nature, for example, involving antagonistic parties or opposing interests seeking an outcome most favorable to their position.
-==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 is also called "ODR".  Online Dispute Resolution or ODR also involves the application of traditional dispute resolution methods to disputes which arise online.{{Fact|date=May 2007}}
+Due to the antagonistic nature of litigation, collaborators frequently opt for solving disputes privately.<ref>{{Cite journal |last1=Lieberman|first1=Jethro K.|last2=Henry|first2=James F.|date= 1986|title=Lessons from the Alternative Dispute Resolution Movement|journal=The University of Chicago Law Review |volume=53 |issue=2 |pages=424 |doi=10.2307/1599646|jstor=1599646|url=https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=4462&context=uclrev}}</ref>
-== References ==
+Retired judges or private lawyers often become arbitrators or mediators; however, trained and qualified non-legal dispute resolution specialists form a growing body within the field of [[alternative dispute resolution]] (ADR). In the United States, many states now have mediation or other ADR programs annexed to the courts, to facilitate settlement of lawsuits.
-{{Unreferenced|date=May 2007}}
+==Extrajudicial dispute resolution==
-==Further reading==
+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) [[Sovereign state|states]]. 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 [[court]]s, 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]]. In addition, in some circumstances, arbitration and other ADR processes may become as expensive as litigation or more so.{{Citation needed|date=May 2007}}
-* Morris, Catherine, ed. [http://www.peacemakers.ca/bibliography/ Conflict Transformation and Peacebuilding: A Selected Bibliography.] Victoria, Canada: Peacemakers Trust.
-* Sherwyn, David, Tracey, Bruce & Zev Eigen, In Defense of Mandatory Arbitration of Employment Disputes: Saving the Baby, Tossing out the Bath Water, and Constructing a New Sink in the Process, 2 U. Pa. J. Lab. & Emp. L. 73 (1999)
-* Ury, William, 2000.  The Third Side:  Why We Fight and How We Can Stop. Penguin Putnam. New York. ISBN 0-14-029634-4
 ==See also==
+{{Div col begin|colwidth=22em}}
-* [[Alternative dispute resolution]]
 * [[Collaborative divorce]]
-* [[Collaborative law]]
-* [[Conflict resolution]]
-* [[Conflict resolution research]]
 * [[Diplomacy]]
+* [[Dispute pyramid]]
+* [[Investor-state dispute settlement]]
+* [[National Arbitration Forum]]
 * [[Party-directed mediation]]
 * [[Peacekeeping]]
-* [[Restitution transfer and recoupment]]
 * [[Restorative justice]]
-* [[National Arbitration Forum]]
+* [[UN Peacemaker]]
+{{Div col end}}
-== Additional resources ==
+== References ==
+{{Reflist}}
+==Further reading==
-*  [http://johnjay.jjay.cuny.edu/dispute/ CUNY Dispute Resolution Consortium]- ' The Dispute Resolution Headquarters in New York City.'
+* Sherwyn, David, Tracey, Bruce & Zev Eigen, "In Defense of Mandatory Arbitration of Employment Disputes: Saving the Baby, Tossing out the Bath Water, and Constructing a New Sink in the Process", 2 ''U. Pa. J. Lab. & Emp. L.'' 73 (1999)
-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.
+* [[William Ury|Ury, William]], 2000. ''The Third Side: Why We Fight and How We Can Stop''. New York: Penguin Putnam. {{ISBN|0-14-029634-4}}
+*Alés, Javier y Mata, Juan Diego " manual práctico para mediadores: el misterio de la mediacion" éxito Atelier. Barcelona 2016
+{{Authority control}}
-* [http://www.peacemakers.ca/publications/ADRdefinitions.html Peacemakers Trust]
-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 ==
-*  http://www.collaborativepractice.com International Academy of Collaborative Practitioners (IACP) offers information about the collaborative process
-*  [http://www.arbitrator.com   Arbitrator.com:  offers links to Arbitration and Mediation information.]
-* [http://johnjay.jjay.cuny.edu/dispute City University of New York Dispute Resolution Consortium (CUNY DRC)]
-* [http://www.peacemakers.ca/ Peacemakers Trust] offers extensive resources in the field of dispute resolution.
-* [http://www.lewrockwell.com/orig6/molyneux1.html  DRO's and The Stateless Society - Stefan Molyneux] offers a model of social order without government via '''Dispute Resolution Organizations (DROs)'''
 [[Category:Dispute resolution| ]]
+[[Category:Interpersonal conflict]]
+[[Category:Mediation]]