Originally from Alternatives to the High Cost of Litigation

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In the dispute resolution world, there is a tendency to see a dispute and then a variety of techniques that one can use to resolve it: mediation, negotiation, arbitration, litigation and numerous other options.

The vast majority of disputes do not actually follow that model at all, at least not in the consumer area.

People upset with their bank over a charge that it has imposed do not file complaints in a state court. They contact the bank and suggest that it has made a mistake. Often enough, the institution has a quick look and realizes that it either made a mistake or that for customer goodwill purposes, it makes no sense to disagree.