There are many options besides litigation to deal with conflicts. They include negotiation, facilitation, mediation and arbitration. Negotiation is the key process used to some extent in almost any ADR technique.
Negotiation is both a separate process as well as one which is imbedded in the other techniques.
Negotiation is the process that two or more parties use to come to an agreement, whether or not there is the perception of a conflict. In short, whatever the parties to the negotiation agree is fair is what the outcome will be. There are no rules about where a negotiation should take place, how long it should last and who speaks first. The parties have total control over the process and the outcome, and that is its main attraction. Facilitation is the process used to help others with an aspect of group process such as decision making, strategic planning or team-building.