Types of Legal Disputes

Law and Society
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Dispute resolution is the settlement of disputes which may arise between individuals in different situations. Disputes can be settled in several various ways. In daily life situation, people often seek simple persuasion to resolve disputes. However in certain cases, power imbalance may persist and thus persuasion can appear like intimidation. Under certain extreme situations, people may resort to violence. During earlier times in human history, dueling was considered as an efficient and quick method of solving disputes, particularly when honor (honoring an agreement) was at stake (Lippmann, 2015). Even at present time, sometimes people take issues in their own hands whenever they feel they have no other option. Since strife and violence are viewed as destructive to the well-being of people living as a community, legal systems have developed over several years to offer alternative methods attempt to satisfy how people resolve disputes.
Lippmann (2015) views that from early period in human history; people came to realize the significance of engaging neutral third parties to assist them resolving disputes. Such perception influenced the development of courts (legal settings) where people could attend to claims their legal rights and seek solutions. With time, formation of rules and procedures were established to make certain that reliability and fairness in the process is maintained and achieved. The outcome was a system of solving resolutions which lawyers termed as litigation. In this way, taking somebody to court was a type of dispute resolution that people sought to obtain justice. Dueling and other form of traditional methods used in settling disputes were demeaning, barbaric, and inhuman. With time, dispute resolutions evolved to avoid such barbaric and inhumane method of solving conflict and developed into a new height of lawsuit and court systems.
At the recent time, people realize that litigation as a legal method of solving disputes is something that should be avoided. Litigation faces certain disadvantages because of long delays, financial costly processes, and unsatisfactory results; such shortcomings have influenced people to look for other methods for solving and managing disputes. Alternative Dispute Resolution is a term refers to sets of methods developed to solve disputes rather than going to court (Lippmann, 2015).
There are two main types of dispute resolution processes. The first type is adjudicative process that includes litigation in which an arbitrator, jury or a judge determines the outcome of a case. The second type is the consensual processes that consists of negotiation, arbitration, mediation, or conciliation in which parties try to reach common agreement (Lippmann, 2015). In adjudicative process, the legal system offers solutions for several types of disputes. Some disputes cannot be reached through collaborative process or mutual agreement while some disputes require the coercive power bestowed by the state to enforce solutions. Many people require assistance from professional advocates when...