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.
Dispute resolution and online conflict management go live on Facebook with virtual negotiation dynamics allowing users and Facebook staff to report problems and troubleshoot them in real-time … Read More
Negotiators tend to fall into very specific negotiation styles or employ similar sets of negotiation techniques. Negotiation research has identified four such negotiation styles: individualists, cooperators, competitives, and altruists. Learn how each negotiation style impacts the negotiation process at the bargaining table and how to adjust your negotiation strategies accordingly. … Read More
Here are 15 things about environmental dispute resolution that MIT professor and expert on environmental disputes and Program on Negotiation faculty member Lawrence Susskind published on the Consensus Building Approach blog. … Read More
Here are some negotiating skills and negotiation techniques from the world of crisis negotiations: Hostage negotiators stress the importance of discussing the “drill”—goals, ground rules, and operating principles—with their team before beginning talks with a hostage taker.
Such negotiation teams are likely to commit to working together as slowly as needed to resolve a standoff. This type of agreement can … Read More
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
Many negotiation and mediation instructors draw from other disciplines for a range of purposes. Insights from social psychology, for instance, can help students understand, explain, or predict certain interpersonal and inter-group dynamics. Ideas from economics and game theory can shed light on various value-creation principles. The performing arts, including improvisational theater, can help negotiation students … Read More
A common question asked is, “If most legal disputes are resolved in litigation, is there room for arbitration or mediation?”
In 2000, Coca-Cola Enterprises (CCE), seeing the surge in employee grievances and litigation in other companies, implemented a revolutionary dispute system they called SOLUTIONS to deal with its own internal disputes.
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
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Understanding how to arrange the meeting space is a key aspect of preparing for negotiation. In this video, Professor Guhan Subramanian discusses a real world example of how seating arrangements can influence a negotiator’s success. This discussion was held at the 3 day executive education workshop for senior executives at the Program on Negotiation at Harvard Law School.
Guhan Subramanian is the Professor of Law and Business at the Harvard Law School and Professor of Business Law at the Harvard Business School.