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, or 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.

In this free special report Dispute Resolution, Working Together Toward Conflict Resolution on the Job and at Home, the editors of Negotiation cull valuable negotiation strategies and curate popular content to provide you with a concise guide on how to improve your dispute resolution skills.

Dispute Resolution: Should You Bring Your Lawyer?

PON Staff   •  09/12/2014   • Filed in Dispute Resolution

How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research … Read More 

Dispute Resolution: Mandatory Arbitration Under Fire

PON Staff   •  08/22/2014   • Filed in Dispute Resolution

A shake-up is afoot regarding large companies’ use of mandatory arbitration to settle disputes with consumers. Until now, if you got into a dispute with your credit card or cell-phone provider, you might have to sort it out in arbitration even if you’d rather file a lawsuit. Buried in the fine print of many consumer … Read More 

In Dispute Resolution, A Tale of Two Arthurs

Katie Shonk   •  08/12/2014   • Filed in Dispute Resolution

In the business world, long-term loyalty to a CEO is supposed to be a good thing. For New England supermarket chain Market Basket, however, employees’ reverent appreciation for their former chief and co-owner, Arthur T. Demoulas, has proved to be destructive to the business in the short term, causing employee and customer protests as well … Read More 

On Facebook, Dispute Resolution Goes Live

Katie Shonk   •  08/05/2014   • Filed in Dispute Resolution

Facebook recently faced widespread criticism for conducting a psychology experiment on about 700,000 of its users without their informed consent. In the study, Facebook researchers manipulated users’ moods by exposing them to more positive or more negative posts than usual.

Now CNNMoney reports that Facebook has been engaged in a more benign and possibly … Read More 

Three Questions to Ask About the Dispute Resolution Process

Keith Lutz   •  07/03/2014   • Filed in Dispute Resolution

Dispute resolution is often a multistep process that can start with negotiation, move on to mediation, and, if necessary, end in arbitration or litigation.

This progression allows parties to start off, quite naturally, with less-expensive, less-formal procedures before making bigger commitments of money and time.

Still, there may be situations in which you wonder if it would … Read More 

What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation

PON Staff   •  06/30/2014   • Filed in Dispute Resolution

Suppose that in each case, the parties and their lawyers have exhausted their attempts to negotiate a resolution on their own. They’re ready for outside help in ending their dispute, yet they don’t know where to turn.

When it comes to dispute resolution, we now have many choices. Understandably, disputants are often confused about which process … Read More 

In Dispute Resolution, Change the Game—and the Name

Katie Shonk   •  06/18/2014   • Filed in Dispute Resolution

Suppose that two businesses have similar sounding names. The similarity is confusing to customers, or could be down the line. One of the businesses decides to do something about it. How can they engage in a successful dispute-resolution process?

Two recent conflicts over business names went in different directions. First, a public dispute broke out … Read More 

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