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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]
Conflict resolution is one major goal of all the ADR processes. If a process leads to resolution, it is a dispute resolution process. [16] "Alternative" dispute resolution is usually considered to be alternative to litigation.
A dispute mechanism is a structured process [1] that addresses disputes or grievances that arise between two or more parties engaged in business, legal, or societal relationships. Dispute mechanisms are used in dispute resolution , and may incorporate conciliation , conflict resolution , mediation , and negotiation .
Conflict resolution is the process by which two or more parties engaged in a disagreement, dispute or debate reach an agreement resolving it. [42] It involves a series of stages, involved actors, models and approaches that may depend on the kind of confrontation at stake and the surrounded social and cultural context.
In addition to dispute resolution, mediation can function as a means of dispute prevention, such as facilitating the process of contract negotiation. Governments can use mediation to inform and to seek input from stakeholders in formulation or fact-seeking aspects of policy-making.
Arbitration is not the same as judicial proceedings (although in some jurisdictions, court proceedings are sometimes referred as arbitrations [3]), alternative dispute resolution, [4] expert determination, or mediation (a form of settlement negotiation facilitated by a neutral third party).
The conciliation process begins when both parties agree to engage in it as a method of resolving a dispute. [1] There are multiple uses for this form of alternative dispute resolution including transnational intellectual property, [2] legislative assemblies, [3] peace efforts, [4] and other areas of community concern.
Online dispute resolution (ODR) is a form of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). [1]