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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How Serious is Your Agent’s Conflict of Interest?

PON Staff   •  07/08/2021   •  Filed in Dispute Resolution

The television industry has undergone seismic changes in recent decades, first with cable TV joining broadcast TV, followed by the rise of digital streaming companies such as Netflix, Amazon Prime, and Hulu. In today’s “peak TV” era, companies are producing hundreds of shows to fill viewers’ binge-watching appetites. In some ways, it’s a golden age … Read More 

When Hard-Bargaining Isn’t Enough

Katie Shonk   •  06/28/2021   •  Filed in Dispute Resolution

hard bargaining

Leonardo da Vinci’s painting Salvator Mundi has long been shrouded in mystery. The 16th-century portrait of Jesus Christ periodically disappeared over hundreds of years before being mistakenly sold at auction as another artist’s work for just £45 in 1958. In 2005, art dealers purchased the damaged painting for approximately $10,000 in an estate auction. After … Read More 

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

PON Staff   •  05/25/2021   •  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 

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