Systematic Analysis in Dispute Resolution

By Stuart S. Nagel; Miriam K. Mills | Go to book overview

Introduction
Since the title of this book is Systematic Analysis in Dispute Resolution, the introduction should logically begin with definitions of dispute resolution and systematic analysis. Dispute resolution refers to various methods for settling disagreements among individuals or groups; systematic analysis refers to bringing about or explaining settlements to disputes by analyzing the goals of each side, the alternatives available to each side, and how each side perceives the relations among the goals and alternatives.The methods for resolving disputes can be classified in various ways. One way is in terms of the extent to which the disputants win or lose. In this regard, solutions to disputes can be classified as follows:
1. Super-optimum solutions, in which all sides come out ahead of their initial best expectations.
2. Pareto optimum solutions, in which nobody comes out worse off and at least one side comes out better off. (This is not a very favorable solution compared to a super-optimum solution.)
3. A win-lose solution, where what one side wins the other side loses. The net effect is zero when losses are subtracted from gains. This is the typical litigation dispute when one ignores the litigation costs.
4. A lose-lose solution, where both sides are worse off than they were before the dispute began. This may often be the typical litigation dispute, or close to it, when one includes litigation costs. These costs are often so high that the so-called winner is also a loser. This is also often the case in labor-management disputes that result in a strike, and even more so in international disputes that result in war.

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