Dispute Resolution

Article excerpt

Dispute resolution is the process of resolving disputes between parties and includes lawsuits (litigation), arbitration, mediation, conciliation and many types of negotiation. Formal dispute resolution processes are of two major types:

* Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome.

* Consensual processes, such as mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.

Some use the term dispute resolution to refer only to alternative dispute resolution (ADR), that is, extrajudicial processes such as arbitration and mediation used to resolve conflict and potential conflict between and among individuals, business entities, governmental agencies and, in the public international law context, states. ADR is generally dependent on an agreement by the parties to use ADR processes, either before or after a dispute has arisen. ADR has experienced steadily increasing acceptance and utilization because of a perception of greater flexibility, costs below those of traditional litigation and speedy resolution of disputes, among other perceived advantages.

A competent and effective judge, arbitrator or mediator is important to the proper functioning of the dispute resolution process. In civil law systems judges are jurists who are trained in investigation techniques, the process of determining the veracity of evidence and the inquisitorial system of adjudication. In the United States and other common law countries, judges are often experienced trial lawyers who have litigated many cases over many years before being appointed or elected to the judiciary. Arbitrators and mediators are often retired judges or experienced private lawyers. In the United States, many states now have mediation or other ADR programs annexed to the courts, to facilitate settlement of lawsuits. (Source: BambooWeb Dictionary)

5 Techniques For Dealing With Dispute Resolution In The Workplace

Advising And Evaluating: While this is perhaps the most common response, and the one we are all most inclined to, it may be the least helpful response. It implies a corrective, suggestive, moralizing or evaluative attitude on the part of the listener.

They can:

* Imply the listener has formed a response; is not listening to what the speaker is really saying.

* Indicate a sense that the listener feels superior to the speaker, making the speaker feel inferior.

* Be an effective way of not getting involved with the speaker and/or the problem.

* Tell more about the listener than about the speaker's values, needs and perspectives.

They may be appropriate:

* If the speaker has requested an evaluation of behavior.

Example: "Sounds to me like you're really caught in a bind. What you need to do is move one way or the other; to find a new relationship or make this one better."

Analyzing And Interpreting: These types of responses may indicate that you want to teach, to tell the other person what his/her problems are (or mean), or to tell the other person what he/she really feels about the matter.

They can:

* Make the other person defensive. …