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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A Negotiation Impasse Between England and France Leads to Skirmish Over Scallops

PON Staff   •  09/15/2022   •  Filed in Dispute Resolution

negotiation impasse

When parties are fighting for scarce resources, disputes can become intense. Negotiation is often the answer, but agreements may need to be continually revisited to keep the peace, and a negotiation impasse can result in renewed conflict. That’s the main takeaway from the dispute that erupted in the English Channel between French and British fishermen … Learn More About This Program 

Managing Difficult Negotiations: Lessons from the 2015-2017 Illinois Budget Impasse

Katie Shonk   •  08/08/2022   •  Filed in Dispute Resolution

Managing Difficult Negotiations: Lessons from the 2015-2017 Illinois Budget Impasse

On July 6, 2017, the state of Illinois finally resolved a 793-day budget impasse, the longest such impasse in U.S. history. The economically devastating stalemate between Republican then-governor Bruce Rauner and the Democratic-controlled state legislature, triggered by hardball negotiation tactics, offers lessons to negotiators managing difficult negotiations.
An Agenda and a Condition
As Illinois politicians approached negotiations … Learn More About This Program 

The Door in the Face Technique: Will It Backfire?

PON Staff   •  04/21/2022   •  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 The Door in the Face Technique: Will It Backfire? 

How Serious is Your Agent’s Conflict of Interest?

PON Staff   •  04/14/2022   •  Filed in Dispute Resolution

conflict of interest

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 … Learn More About This Program 

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