Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is conflict resolution through legal means.
Mediation is a negotiation facilitated by a third-party neutral. It is a structured, interactive process where an impartial third party, the mediator, assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties. Due to its voluntary nature, a person cannot be compelled to use mediation to resolve their dispute. However, a suggestion from the Court may be difficult to resist.
Hill & Barlow was a law firm in Boston, Massachusetts that was dissolved on December 7, 2002 after 106 years of business. Founded in 1899, the firm had been one of the city's oldest and most elite firms, and was also the 12th largest in Boston at the time of its dissolution, employing 138 lawyers. The firm was founded by Arthur D. Hill, known for defending the anarchists Sacco and Vanzetti. Hill began his practice in 1895 and joined forces in 1899 with Robert Homans and Robert Barlow to form Hill & Barlow. Nevertheless, the firm celebrated its 100 year anniversary in 1895.
An organizational ombudsman is a designated neutral or impartial dispute resolution practitioner whose major function is to provide independent, impartial, confidential and informal assistance to managers and employees, clients and/or other stakeholders of a corporation, university, non-governmental organization, governmental agency or other entity. As an independent and neutral employee, the organizational ombudsman ideally should have no other role or duties. This is in order to maintain independence and neutrality, and to prevent real or perceived conflicts of interest.
Talbot "Sandy" D'Alemberte was an American lawyer, professor, politician, educational administrator, president of the American Bar Association, and president of Florida State University (FSU), from 1994 to 2003.
Robert Alan Baruch Bush is an American legal scholar working as the Harry H. Rains Distinguished Professor of Alternative Dispute Resolution (ADR) Law at the Maurice A. Deane School of Law.
Frank E. A. Sander was an American professor emeritus and associate dean of Harvard Law School. He pioneered the field of alternative dispute resolution and is widely credited with being a father of the field in the United States as a result of his paper, The Varieties of Dispute Processing, presented at the Pound Conference in 1976 in Minneapolis, Minnesota. Sander's book, Dispute Resolution: Negotiation, Mediation, and Other Processes, which he coauthored with Stephen B. Goldberg, Nancy H. Rogers, and Sarah Rudolph Cole, is used in law schools throughout the United States.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
The Arbitration Roundtable of Toronto is made up of several litigators, academics, arbitrators, and mediators from the Greater Toronto Area. The group promotes arbitration as an alternative method of conflict resolution over litigation, especially in commercial suits. Members include commercial litigators from Toronto law firms including some of the Seven Sisters of Bay Street. Each member has experience and interest in promoting commercial Arbitration. The group dedicates its time to encouraging this form of Dispute resolution through seminars, papers, and talks.
Leonard J. Marcus is an American social scientist and administrator. He is director of the Program for Health Care Negotiation and Conflict Resolution at the Harvard T.H. Chan School of Public Health at Harvard University, and founding co-director of the National Preparedness Leadership Initiative, a joint program of the Harvard T.H. Chan School of Public Health and the Center for Public Leadership at Harvard's Kennedy School of Government.
Edward F. Sherman served as the 20th dean and is currently the W.R. Irby Chair in Law at the Tulane University Law School. He teaches Civil Procedure and Alternative Dispute Resolution. He was previously the Moise F. Steeg, Jr. Professor of Law at Tulane. He has taught at several other schools, including the University of Texas, Harvard Law School, Stanford Law School, and the University of London. Through the United States Agency for International Development (USAID) he helped Vietnam write a new code of civil procedure. In 1970, he was a founding board member of the Lawyers Military Defense Committee, which provided free-of-charge civilian counsel to U.S. military members in Vietnam and West Germany.
Arnold M. Zack has served as an arbitrator and mediator of labor management disputes since 1957. Born on October 7, 1931, in Lynn Massachusetts, he is a graduate of Tufts College, Yale Law School and the Harvard University Graduate School of Public Administration. He was a Fulbright Scholar, a Wertheim Fellow, President of the National Academy of Arbitrators and member of the College of Labor and Employment Lawyers. He served as a judge of the Asian Development Bank Administrative Tribunal and was President of the Tribunal since 2010. He also served and taught as senior research associate at the Labor and Worklife Program of Harvard Law School and the Harvard Trade Union Program since 1985.
Lawrence E. Susskind is a scholar of conflict resolution and consensus-building in urban planning. He is one of the founders of the field of public dispute mediation and is a practicing international mediator through the Consensus Building institute. He has taught at the Massachusetts Institute of Technology since 1971, where he is Ford Professor of Environmental Planning.
JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. is a United States–based for-profit organization of alternative dispute resolution (ADR) services, including mediation and arbitration. H. Warren Knight, a former California Superior Court judge, founded JAMS in 1979 in Santa Ana, California. A 1994 merger with Endispute of Washington, D.C. made JAMS into the largest private arbitration and mediation service in the country. It is one of the major arbitration administration organizations in the United States. As of 2017, JAMS has 27 resolution centers, including its headquarters in Irvine, California and centers in Toronto and London. JAMS specializes in mediating and arbitrating complex, multi-party, business/commercial cases.
Allan Jeffrey Stitt is a chartered Canadian arbitrator, mediator and film producer. He is the president and CEO of ADR Chambers, a Canadian arbitration and mediation organization. Stitt is the recipient of the 2006 Ontario Bar Association Award of Excellence in Alternative Dispute Resolution. In 2022, Stitt was awarded an honorary Doctor of Laws from the University of Windsor Faculty of Law. As a movie executive producer, Stitt has also contributed to films including The Layover, The Birth of a Nation, Into the Forest, I Saw the Light, and Ithaca.
Forrest "Woody" Steven Mosten is an American lawyer and author. Mosten has been practicing law in Los Angeles since 1972, additionally serves clients in San Diego and Orange County, and accepts mediation engagement throughout the world online. A former litigator, he is a full-time peacemaker and never takes a case to court, often working in an interdisciplinary team with a triage approach. Mosten has spoken at conferences and trains lawyers and litigators, and he is an adjunct professor at the UCLA School of Law, where he has been teaching since 2002.
Claude R. Thomson was a Canadian lawyer in Toronto, Ontario. He was a well-known courtroom lawyer, and also a pioneer of alternative dispute resolution in Canada, including mediation and arbitration. He served as the president of the Canadian Bar Association and the International Bar Association.
Michael A. Wheeler has taught negotiation at Harvard Business School in its MBA program, executive courses, and, more recently, its digital learning platform HBX. His work focuses on negotiation pedagogy, improvisation in complex dynamic processes, ethics and moral decisionmaking, and a range of alternative dispute resolution (ADR) processes. For twenty years he was the Editor in Chief of Negotiation Journal, published by the Program on Negotiation at Harvard Law School. As a LinkedIn Influencer, he has more than 200,000 followers. As a negotiation advisor, Wheeler has counseled corporate clients, trade organizations, and government agencies on issues in the United States and abroad.
Philip Michael Epstein is a Canadian family law lawyer.
The Australian Dispute Resolution Association (ADRA) is a professional mediator's body formed in 1986. It is headquartered in Sydney, Australia.
