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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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 

What is Dispute Resolution in Law: The Ins and Outs of Arbitration

PON Staff   •  04/24/2018   •  Filed in Dispute Resolution

what is dispute resolution

A “one-shot” form of dispute resolution, arbitration is usually faster and cheaper than litigation. In addition, rather than being assigned a judge, parties are able to select their arbitrator.

What is dispute resolution in law and how do alternative dispute resolution (ADR) methods like arbitration operate inside and outside a courtroom? Here are some examples of … Read More 

Business Negotiators Find the Right Fit

PON Staff   •  03/30/2017   •  Filed in Dispute Resolution

examples of negotiation in business negotiators find the right partner before signing negotiated agreements

When approached by a partner whispering sweet nothings about untold riches and power, it can be tempting to rush through the negotiation process. But if you do, you could find out too late that your Prince Charming is nothing but a frog—and that those glass slippers on your feet pinch. … Read More 

Alternative Dispute Resolution: Corporate Stakeholder Engagement and Mineral Extraction in Colombia

Lawrence Susskind   •  03/16/2017   •  Filed in Dispute Resolution

Alternative Dispute Resolution

Corporations around the world are being pressed by their shareholders to do a better job of taking local concerns into account when they initiate mineral extraction projects. Indeed, both stakeholders and risk managers are demanding this. Many companies are now systematically assessing the concerns of a wide range of stakeholders and seeking to demonstrate (in … Read More 

Dispute Resolution: Uncertainty, Risk, and Opportunity in Water Diplomacy

Lawrence Susskind   •  02/09/2017   •  Filed in Dispute Resolution

dispute resolution define negotiation skills what leads to renegotiation

When countries face contending water claims, one of the biggest obstacles to reaching an agreement is uncertainty. Specifically, there are three types of uncertainty: uncertainty of information, uncertainty of action, and uncertainty of perception. In part 2 of this 5 part series, Program on Negotiation faculty member Lawrence Susskind explains the uncertainties facing negotiators trying … Read More 

How Expressing Disappointment Impacts Offers in Negotiations

PON Staff   •  12/29/2016   •  Filed in Dispute Resolution

Most of us have had the experience of feeling disappointment during a negotiation. If a counterpart picks up on this disappointment, will it affect the offers she makes?

Professor Gert-Jan Lelieveld of Leiden University and his colleagues considered this question in a recent study. In four experiments, college students were assigned to play a simple negotiating … Read More 

The Right Way to Regulate Emotion in Negotiation

PON Staff   •  12/15/2016   •  Filed in Dispute Resolution

Emotional flooding – when strong, specific, and often negative feelings overwhelm us – poses obvious hazards to negotiators, who need to be able to think clearly when faced with the complex, strategically demanding task of creating and claiming value.

For this reason, emotional regulation can be an essential component of negotiation.

But different types of regulation create … Read More 

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