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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What Is an Umbrella Agreement?

Katie Shonk   •  12/12/2024   •  Filed in Dispute Resolution

umbrella agreement

Business negotiators tend to want the best of both worlds. When reaching an agreement, they want to pin down parties’ respective rights and responsibilities, but they also want to retain the flexibility they need to deal with ever-changing business conditions. One solution to this apparent dilemma is to craft an umbrella agreement. … Read What Is an Umbrella Agreement?

Emotional Triggers: How Emotions Affect Your Negotiating Ability

PON Staff   •  11/12/2024   •  Filed in Dispute Resolution

emotional triggers

Imagine you’re about to negotiate with a competing firm about a possible merger, but will need to combat emotional triggers. You enter the conference room and find a reasonable and fair representative from the other company, someone you’ve reached mutually beneficial agreements with in the past. But you’re in a terrible mood. … Learn More About This Program

The Door in the Face Technique: Will It Backfire?

PON Staff   •  11/04/2024   •  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?

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