Dispute Resolution Techniques

 In Problem Solving

Dispute Resolution Techniques

coursedetailsDispute resolution techniques are used to resolve antagonisms between people, corporations, or governments.

The act of resolving conflicts between parties. Dispute resolution, or dispute settlement, is the process of resolving conflicts between parties. Although disputes are more complex and long-lasting than conflicts, the term dispute resolution can sometimes be used interchangeably with conflict resolution.

Procedure for Dispute Resolution

  • Expert determination

Expert determination is a formal process for resolving disputes. The expert appointed will investigate the matter and make a decision. A similar to arbitration, the parties must agree in their contracts to refer a dispute to an expert.

Unless the parties agree otherwise in their contracts, the expert’s final decision is binding and cannot be challenged except on very          limited grounds such as fraud or partiality.

  • Adjudication

Another formal dispute resolution process is adjudication. A judge will examine evidence and arguments, as well as legal reasoning, in order to reach a decision that determines the rights and obligations of the parties. Adjudication is used to resolve three types of disputes:

  1. Disputes between private parties such as individuals and corporations
  2. Disputes between public officials and private parties;
  3. Disputes between public officials and public bodies
  • Mediation

Mediation is an informal consensual process that takes place in privacy. A mediator is an impartial third party neutral who assists the parties in reaching an agreement to resolve their dispute. The mediator is not an expert and does not recommend or evaluate. He only helps to facilitate settlement. The mediator can record the settlement if the parties reach an agreement.

The mediator will often assist disputing parties through individual meetings, caucuses and joint sessions in a form called shuttle diplomacy that focuses on the real interests and strengths of the parties in an effort to bring them together in settlement.

  • Conciliation

Mediation and conciliation are very similar. In fact, the terms are often interchangeable. Conciliation is generally understood as an evaluative type of mediation, where the conciliator makes recommendations to the parties. The conciliator may make a recommendation if conciliation fails.

Conciliators can be more involved than mediators and the process is usually less structured. The conciliation process still seeks to bring the disputing parties together, and it focuses on the important issues.

Dispute Resolution Techniques

1. Active Listening

Active listening is about being attentive to the words and thoughts of others. It’s a skill that salespeople use to connect with customers better during pitching, but it’s also something every professional should have.

2. Emotional Intelligence

Emotional intelligence is the ability to understand and perceive emotions of others. This skill is crucial in managing conflict as it helps to prevent the situation from getting worse. It will be easier to communicate effectively with your opposition without provocation if you are able to interpret their emotions. Everyone involved can be creative and logical in coming up with a solution by acknowledging and managing anger, confusion, and frustration.

3. Patience

Keep in mind that even though the solution may seem obvious, the problem might not be solved immediately. You should take the time to hear all sides and give equal weight to each one. People can feel excluded from the decision-making process if they don’t get a clear answer. There is an exception to this rule. It is important to take the time now to consider all options. This will help you save yourself a lot of headaches later.

4. Impartiality

It is best to keep the dispute separate from the people involved in it. Focus on the problem itself, not the people or their individual characteristics. Instead, focus on the problem and put your efforts into finding a solution. It is important to deal with past problems at some point. However, it is not necessary to neglect the current situation in order to resolve the older issues.

5. Positivity

Positive attitude in your conflict management actions will help keep the conversation moving. There are many roadblocks in disputes and you must be open to moving forward. Positive attitude can make others feel more comfortable in the conflict.

6. Open Communication

It is best to establish open communication between the parties in order to foster a long-lasting, healthy relationship after a conflict. This allows the parties to keep in touch and ensure that all terms of the agreement are being adhered to. Open communication will make it easier for both parties to resolve any new issues that arise.

These skills will help you and your team avoid disputes from getting out of control. However, it is important to know how you can use them when you do have to. We will discuss some of the different ways these skills can be used to resolve disputes.

Last Thoughts

Not everything has to go to court. The above techniques hopefully provide some assistance in resolving disputes internally.

Externally though, litigation is the most popular form of judicial dispute resolution. When one party files suit against the other, litigation is initiated. The procedures are formal and governed by rules such as rules for evidence and procedure. These rules are set by the legislature. A jury of impartial judges decides the outcome based on the facts and the application law. Although the verdict is final and binding, the court’s decision can be appealed to a higher court. Judiciary dispute resolution is often adversarial. For example, it involves antagonistic parties or interests that seek the best outcome for their position.

The legal system can resolve many types of disputes. Some parties will not agree to a collaborative process. To enforce a settlement, some disputes require the coercive power and support of the state. Additionally, many people seek professional advocacy when involved in a dispute. This is especially true if there are legal rights or wrongdoings, or threats of legal action.

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