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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Cultural Barriers and Conflict Negotiation Strategies: Apple’s Apology in China

Katie Shonk   •  11/26/2018   •  Filed in Dispute Resolution

cultural barriers

When dealing with a difficult counterpart, it helps to take a conciliatory approach to the bargaining table. While apologies necessarily involve moments of vulnerability, they can also open doors to value creation and strengthen the relationship you have with your bargaining counterpart. Let’s look back at Apple’s apology in China for its maligned warranty policies … Read More 

Alternative Dispute Resolution In-House: Mediation, Arbitration, or Med-Arb?

PON Staff   •  11/12/2018   •  Filed in Daily, Dispute Resolution

Alternative Dispute Resolution

The three most common alternative dispute resolution techniques are mediation, arbitration, and med-arb. However, it can often be difficult to determine which method is best for your particular situation. Here are four possible objectives you may have as a leader in your organization and suggestions for which type of ADR may be most appropriate in that … Read More 

How to Negotiate with Friends and Family

PON Staff   •  11/01/2018   •  Filed in Dispute Resolution

negotiate with friends

“Never do business with friends,” the adage goes. But should you always stay away from an opportunity to negotiate with friends and family? 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. … Read More 

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