dispute resolution process
What is the Dispute Resolution Process?
Too often, the dispute resolution process can be an acrimonious and unproductive. But you can find creative ways to reach mutually satisfactory agreements.
A dispute resolution process has three basic approaches, each with its pros and cons. The first two, mediation and arbitration, are considered types of alternative dispute resolution (ADR) because they are an alternative to litigation.
It can often be difficult to determine which dispute resolution process is best for your particular situation. Simply knowing what you want to get out of the process can help you decide where to start. Begin by prioritizing your goals.
There are also strategies available that can help us navigate the dispute resolution process and find the best possible outcome.
One of the most important conflict negotiation strategies you can adopt is to listen actively to your counterpart’s concerns. To do so, you will need to resist the urge to interrupt and defend yourself.
It’s also helpful to try to focus on the problem rather than the personalities involved. Because conflict tends to promote competition and antagonism, you should strive to frame the situation in a positive light. For example, focus on the potential benefits.
Don’t forget to examine ways to create value, too. Negotiators who understand the importance of collaborating with one another to create value nonetheless often abandon that approach during the dispute resolution process. Treating disputes as different from other aspects of dealmaking, they tend to view dispute resolution as a zero-sum game—one in which only a single issue (such as money) is at stake. Consequently, they tend to look at the dispute resolution process as a win-lose battle, to their detriment.
Find out more about the dispute resolution process in this FREE report, Dispute Resolution: Working Together Toward Conflict Resolution on the Job and at Home, from the Program on Negotiation at Harvard Law School.
The following items are tagged dispute resolution process: