1. Conflict
Resolution
Your Get-Along Guide
Perry P. Lieuallen May, 2011

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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

8. Mediation:
Advantages and Disadvantages
Advantages:
 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

9. Arbitration:
Advantages and Disadvantages
Advantages:
 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

10. Litigation:
Advantages and Disadvantages
Advantages:
 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

11. 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.

12. 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.

13. 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.

14. 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