No matter how well we design and create the kind of world we want to see, there will always be disputes among people, whether over relationships, personal beliefs, or claims on land or property. That is just part of the deal with being human. We aren't perfect – so it's best to begin by accepting that fact!
By far the most crucial instrument in resolving disputes is speed. Unresolved problems create stress, animosity and compound fear. These are the explosive ingredients of aggression and war, so the sooner a solution is found, the better.
Where people are unable to find solutions themselves, it would seem reasonable for both parties to nominate an independent arbitrator whom they both trust to help them reach a solution. (The arbitrator can be anyone from the community who is willing to help)
But let's define what we mean by 'solution'. In today's world, resolutions are usually reached using the law or courts to decide. It almost always come down to a binary choice where one side wins and the other loses. There's nothing wrong with this in theory, but to create a lasting, stable society, no-one should ever need to be the loser.
For example, if two parties A and B are arguing over property rights, and an arbitrator – acting in the interest of the community – decides that A is the more deserving claimant, it may please A and the community, but still leaves B the loser. Even though B may accept that resolution, they are left with a sense of personal injustice and/or embarrassment that can ferment into one of the previously mentioned ingredients of aggression. This is unnecessary.
In a free society, we should never settle for a resolution that leaves even one person marginalised. This is a limited view. There is always a creative solution that brings an optimal – and preferably superior – outcome for everyone, and nothing should be considered solved until such a solution is found.
Once the limits of traditional society are lifted, much more solutions become available. For example, why would someone want to claim your house if they could readily organise an even better one for themselves elsewhere?
Creative Arbitration is about finding an amazing solution that makes all parties happier than before. We shouldn't settle for less. The best persons to be elected to assist in dispute resolution ought not necessarily to be those most wise, but those most flexible and creative in problem-solving.