We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Civil

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is the Difference Between Mediation and Conflict Resolution?

Jessica Ellis
By
Updated: May 16, 2024
Views: 16,667
Share

Mediation and conflict resolution are types of dispute resolution often used to solve legal issues outside of the courtroom. While "conflict resolution" is a broad term that may describe a variety of different alternative dispute resolution methods, mediation refers to a specific process in which a neutral third party helps two warring sides come to a resolution on their own. Engaging in mediation and conflict resolution can help prevent a long and expensive legal battle by allowing both sides to approach the court with an equitable solution in place.

Conflict resolution can refer to any type of alternative bargaining done between two sides outside of the courtroom. In addition to mediation, conflict resolution can also be obtained through arbitration, which is a binding form of judgment that is often faster and less expensive than a traditional trial. Conflict resolution is also sometimes done between the defendant and plaintiff without the interference from lawyers, such as in cases where divorce agreements are worked out by the couple. It can also be managed with the assistance of a counselor with training in conflict management.

Mediation involves a professional mediator, who may be available privately or through court services. Mediators are distinct from arbiters in that the agreements worked out in mediation are not determined by the mediator but instead are negotiated agreements made between the two parties. Mediation allows a more private, closed-doors atmosphere than traditional litigation and has the advantage of leaving the major decisions in the hands of the disputing parties, rather than allowing a judge or arbiter to make a binding decision.

Mediation and conflict resolution are often distinguished from one another by the presence of a neutral, professional third party. Many forms of conflict resolution focus on the two main parties communicating effectively with one another to determine a solution. While mediation and conflict resolution have the same goals, mediation can be preferable in situations where emotions are running high enough to cloud judgment, where one party feels threatened or intimidated by the other, or where trust levels between the two parties are low. A mediator can serve as a voice of reason and compromise in a potentially explosive situation, in addition to bringing legal knowledge that neither party may possess.

In civil trials where damages are sought or divisions of assets and responsibilities are required, mediation and conflict resolution can help cut down on the amount of court interference necessary. This can help cut down on court costs and the emotional stress caused by a long, contentious legal battle. Mediated cases, or those that have undergone some form of conflict resolution, tend to pass through the courts more quickly and feature settlements that are readily acceptable to a judge.

Share
MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Jessica Ellis
By Jessica Ellis
With a B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica Ellis brings a unique perspective to her work as a writer for MyLawQuestions. While passionate about drama and film, Jessica enjoys learning and writing about a wide range of topics, creating content that is both informative and engaging for readers.
Discussion Comments
Jessica Ellis
Jessica Ellis
With a B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica Ellis...
Learn more
Share
https://www.mylawquestions.com/what-is-the-difference-between-mediation-and-conflict-resolution.htm
Copy this link
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.