Dispute Resolution

Dispute resolution generally refers to one of several different processes used to resolve disputes between parties, including negotiation, mediation, arbitration, collaborative law, and litigation. Dispute resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Dispute resolution strategies include fostering a rapport, considering interests and values separately, appealing to overarching values, and indirect confrontation.

Conflict resolution, to use another common term, is a relatively new field, emerging after World War II. Scholars from the Program on Negotiation were leaders in establishing the field.

Mediation can be effective at allowing parties to vent their feelings and fully explore their grievances. Working with parties together and sometimes separately, mediators try to help them hammer out a resolution that is sustainable, voluntary, and nonbinding. In arbitration, the arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision. Litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury. The judge or jury is responsible for weighing the evidence and making a ruling. Information conveyed in hearings and trials usually enters the public record.

There are many aspects of disputes, including value creation opportunities, agency issues, organizational influences, ethical considerations, the role of law, and decision tools.

Articles offer numerous examples of dispute resolution and explore various aspects of it, including international conflict resolution, how it can be useful in your personal life, skills needed to achieve it, and training that hones those skills.

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What is Dispute Resolution in Law: The Ins and Outs of Arbitration

PON Staff   •  01/17/2017   •  Filed in Dispute Resolution

what is dispute resolution in law the ins and outs of arbitration

A “one-shot” form of dispute resolution, arbitration is usually faster and cheaper than litigation. In addition, rather than being assigned a judge, parties are able to select their arbitrator.

What is dispute resolution in law and how do alternative dispute resolution (ADR) methods like arbitration operate inside and outside a courtroom? Here are some examples of … Read More 

How to Negotiate with Friends and Family

PON Staff   •  01/09/2017   •  Filed in Dispute Resolution

Happy group of people, friends, family having fun together, celebrating life on the peak of the mountain. Children, parents, seniors

“Never do business with friends,” the adage goes. Yet a strict policy of keeping friends and family members out of our business lives would be impractical, and it could cause us to pass up potentially valuable negotiating opportunities.

What special issues do friends and family members face when involved in negotiations together? How can they reduce … Read More 

How Expressing Disappointment Impacts Offers in Negotiations

PON Staff   •  12/29/2016   •  Filed in Dispute Resolution

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Most of us have had the experience of feeling disappointment during a negotiation. If a counterpart picks up on this disappointment, will it affect the offers she makes?

Professor Gert-Jan Lelieveld of Leiden University and his colleagues considered this question in a recent study. In four experiments, college students were assigned to play a simple negotiating … Read More 

The Right Way to Regulate Emotion in Negotiation

PON Staff   •  12/15/2016   •  Filed in Dispute Resolution

Box of emotion icons

Emotional flooding – when strong, specific, and often negative feelings overwhelm us – poses obvious hazards to negotiators, who need to be able to think clearly when faced with the complex, strategically demanding task of creating and claiming value.

For this reason, emotional regulation can be an essential component of negotiation.

But different types of regulation create … Read More 

How Mediation Works

Katie Shonk   •  12/08/2016   •  Filed in Dispute Resolution

When negotiators can’t come to agreement but want to avoid an expensive, time-consuming, and potentially rancorous lawsuit, mediation is often their most logical choice. Mediation can help to resolve a wide range of disputes. … Read More 

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