Dispute Resolution
Definition of Dispute Resolution
Note: See a more comprehensive approach to the Dispute Resolution legal concept in the American Law Encyclopedia
Judicial function aimed at producing settlement of conflict. Dispute resolution is the primary function of the judicial system. The courts are a forum provided by government through which parties to a dispute may bring arguments and supporting evidence. The process encourages the resolution of conflicts by negotiation, but if this is not possible, the courts have the capacity to adjudicate matters in dispute and render authoritative decisions. The kinds of conflicts that enter the judicial process are either criminal or civil disputes. The conflict in criminal matters is between an individual and society. The judicial process must assess the societal injury stemming from the individual's deviant behavior and the punishment for that conduct. Civil disputes, on the other hand, typically involve conflict between two or more private parties, although some level of government is often a party to a civil action. Such disputes require the judicial process to define or redefine the relationship of the parties and possibly allocate (or reallocate) items or value among them.
See Also
Adjudication (Judicial Function) Arbitration (Judicial Function) Judicial Function (Judicial Function) Litigation (Judicial Function) Mediation (Judicial Function).
Resources
Dispute Resolution Related Resources
- Dispute Resolution in the United States Legal Encyclopedia
- Judicial Function Keywords in the United States Legal Encyclopedia
- Judicial Function Keywords in the International Legal Dictionary
Notes
- “Dispute Resolution”, The American Law Dictionary, 1991, California
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