Which Professional Do You Need to Resolve Your Conflict?

Different types of conflicts, parties, and situations require different types of professionals to resolve a conflict. Learn about 5 different types of professionals (mediator, conflict coach, arbitrator, judge, and attorney) you might encounter or hire to resolve a conflict.

Which professional do you need to resolve your conflict?

Consider these factors when choosing a professional to assist you in resolving your next conflict:

1. Do you want a neutral or someone to advocate on your behalf?

2. Do you want someone else to decide what the outcome of the conflict is?

3. Does the other side want to talk about the conflict?

4. How much time and money are you willing or able to spend to resolve your conflict?

5. Has someone or does someone want to file a court case?

A neutral versus an advocate

If you want someone to take your side and advocate on your behalf, then you want to hire an attorney. If you want a partner to help you think through a conflict, brainstorm what to do, or develop your conflict resolution skills, then you want to hire a coach. A coach does not take sides but coaches also do not advocate for anyone. If you want a "neutral" who is someone who does not have a personal stake in the outcome, then that could be an arbitrator, judge, or mediator. However, if you want someone to be neutral by not choosing sides or express a judgment about any party, then you will be looking for a mediator because both arbitrators and judges will make decisions about who should win or lose a case but mediators do not make such decisions.

Do you want someone else to decide what the outcome of the conflict is?

If you want someone to decide the outcome of a conflict besides the participants themselves, that would be the role of an arbitrator or judge. In contrast, mediators do not decide how a conflict should end but rather leave that up to the parties in a dispute. Your own attorney also can tell you how they think a conflict should end or what to do, but your attorney does not have the authority to tell the opposition what the outcome should be. The attorney can suggest an outcome, but unlike with a judge or arbitrator, that suggestion is not binding.

Does the other side want to talk about the conflict?

With mediation, the disputing sides must want to participate in mediation to talk about the conflict as mediation is a voluntary process. If one of the parties wants to participate in a mediation (even if the other side does not), conflict coaching can still proceed for the willing participant to process the conflict. With conflict coaching, the coaching client can still think through how to resolve the conflict or figure out how to accept what is within their control without the active participation of the other side. Depending on whether an arbitration is voluntary of mandatory, an arbitration could or could not proceed without the consent of all parties. In a court case with a judge, these proceedings can continue without the consent of all parties, but one of the parties might lose with a default judgment if they refuse to obey the judge in participating in a court case. You are free to talk to your attorney regardless of whether the other side wants to talk about the conflict, but it depends on which other process (if any) you wish to proceed with: mediation, arbitration, or a court case.

How much time and money are you willing or able to spend to resolve your conflict?

Mediation (especially with a mediator who engages in a facilitative style of mediation) tends to be far cheaper and require less time than an arbitration or court case with a court case being more expensive than an arbitration. For example, for a conflict that could be resolved in mediation in three hours could take 3 months to resolve in arbitration or several years to resolve in a court. Mediation does not need to involve attorneys but often arbitration and court does require both, in addition to litigation expenses. Parties typically have to pay for an arbitrator's fees but parties do not pay for a judge's salary directly.

For conflict coaches, a coaching session typically takes up to one hour, but it depends on how complex or how many issues a client has. Coaching is a process of continuous development (like with hiring a personal trainer), so there may not be an endpoint in how many sessions a coaching client may request. Similarly, attorney's fees can vary widely, depending on if a client is asking only for a consult or needing an attorney to pursue a case in court.

Has someone or does someone want to file a court case?

If someone has filed a court case, then the parties typically will not participate in arbitration as arbitration is typically an alternative to court. After a court case has been filed, parties can still go to mediation, and sometimes a judge will refer a case to mediation to lighten the judge's own docket. Even if a mediation does not come to a settlement, the parties can still continue with their court case. However, parties can agree to mediate even without filing in court. In some circumstances, this might be a cheaper option because the parties do not have to pay for filing fees, litigation costs, or attorneys' fees to draft a complaint or respond to a complaint (as well as other motions) before a judge assigns a case to mediation. However, parties still need to beware of filing deadlines if they choose mediation instead of going to court. At the same time, not all types of conflict require a lawsuit.

Conflict coaches can help address issues related to conflict resolution or conflict management whether there is a court case or not. However, most of the time, clients hire conflict coaches when there is not a pending lawsuit.