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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Ask A Negotiation Expert: Dispute Resolution After Mass Disasters

PON Staff   •  11/30/2019   •  Filed in Dispute Resolution

In the aftermath of a large-scale catastrophe or disaster in the United States—such as 9/11, the opioid epidemic, and mass shootings—the courts can be ill-equipped to take on the complex task of negotiating compensation for large numbers of claimants. Instead, “special masters” are often assigned to create and administer victim-compensation programs, a job that typically requires … Read More 

Contract Dispute Resolution: Surviving Costly Conflict

Katie Shonk   •  05/20/2019   •  Filed in Dispute Resolution

contract dispute resolution

We tend to enter new business partnerships and ventures with a great deal of optimism and excitement. Yet ventures that held so much promise often end up dissolving into costly legal disputes and contract dispute resolution efforts.

Formal contracts offer a method for reducing the risks of new partnerships and clarifying commitment in negotiation, but negotiators … Read More 

Negotiation in the news: In a skirmish over scallops, it’s the French versus the British

PON Staff   •  10/31/2018   •  Filed in Dispute Resolution

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. That’s the main takeaway from the dispute that erupted in the English Channel between French and British fishermen this August.
Stormy waters
In Europe, the European Union sets fishing … Read More 

Successes & Messes: Broadening their views, rival telescope projects team up

PON Staff   •  07/31/2018   •  Filed in Dispute Resolution

We might expect the masterminds behind giant telescopes to be better than most at seeing the big picture. But it was only recently that the leaders of two planned mega-telescopes recognized that they could move their stalled projects ahead by teaming up rather than competing.
Caught in the crosshairs
Back in 2002, the leadership of the California … 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 

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