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.

See full description

Methods of Dispute Resolution: Building Trust in Online Mediation

Katie Shonk   •  04/05/2021   •  Filed in Dispute Resolution

methods of dispute resolution

Before the Covid-19 pandemic, mediators and other negotiation practitioners often insisted on meeting in person, convinced that online methods of dispute resolution lack “the human touch”—the warmth, energy, body language, and other subtle factors that build essential ingredients in conflict resolution, including trust, empathy, and rapport.

But when lockdowns and social-distancing restrictions took hold in the … Read More 

Alternative Dispute Resolution Examples: Restorative Justice

Katie Shonk   •  03/08/2021   •  Filed in Dispute Resolution

alternative dispute resolution examples

Alternative dispute resolution examples often highlight relatively cheap, quick, and efficient alternatives to litigation, such as mediation. Within the criminal justice system, cases increasingly are being resolved through a form of alternative dispute resolution called restorative justice. A recent news story has prompted discussion of how restorative justice is defined—and how it can be implemented … Read More 

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

Katie Shonk   •  02/16/2021   •  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 

Dear Negotiation Coach: Responding (Or Not) to an Ultimatum in Negotiation

PON Staff   •  01/19/2021   •  Filed in Dispute Resolution

ultimatum in negotiation

Many times in our lives, we will encounter an ultimatum in negotiation. Sometimes the ultimatum is real, and often times it is not. However, there are ways to approach an ultimatum in negotiation to get past this sometimes burdensome hurdle. Professor Deepak Malhotra answers this week’s Dear Negotiation Coach column:

QUESTION

A counterpart recently made a “take … Read More 

The Door in the Face Technique: Will It Backfire?

PON Staff   •  01/14/2021   •  Filed in Dispute Resolution

door in the face

Have you ever heard of the door in the face technique? In a classic and rather amusing study from 1975, Arizona State University professor Robert Cialdini and his colleagues sent research assistants around campus posing as employees of the county’s juvenile detention center. They stopped people randomly on walkways and asked them if they would … Read More 

Would you like us to inform you when new posts become available?

We hate spam as much as you do. You have our promise not to sell or share your email address — ever! Please read our privacy policy.