解决争端需要技巧的发展和对诉讼程序的补充或替代，以及对诉讼程序的熟悉，以及在律师代表客户进行的日常谈判中使用某些相同的技能。但是，除了帮助达成协议之外，律师还越来越多地处理纠纷解决的特定形式，例如调解和仲裁。诉讼人作为辩护人参与调解和仲裁，而交易律师起草并就商业合同，雇佣协议，合资企业，信托和其他文件中的争端解决条款进行谈判。
Dispute Resolution requires the development of skills and a familiarity with processes that supplement or are alternatives to litigation, as well as the use of some of the same skills in the everyday practice of negotiating that lawyers undertake on behalf of clients. But beyond helping shape agreements, lawyers increasingly deal with specific forms of dispute resolution such as mediation and arbitration. Litigators engage in mediation and arbitration as advocates, while transactional lawyers draft and negotiate over dispute resolution clauses in commercial contracts, employment agreements, joint ventures, trusts and other documents. Dispute resolution raises legal issues, such as the enforceability of an arbitration clause when one side prefers to litigate or the legal limits on deception in negotiation. It is even more important, however, that a student understand that ways of dispute resolution, especially non-binding processes such as mediation and negotiation, are enormously fluid and flexible, presenting a series of choices and opportunities for advocates and counselors.