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The Dispute Resolution Process

Conflict resolution is a dispute resolution process. It has a wide range of applications in conflict management. An alternative dispute resolution is very useful for resolving a dispute settlement between parties under contract, as is usually the case in a business dispute.

It is also used to resolve domestic and workplace conflicts. Conflict resolution processes may be applied whenever there are two parties with conflicting interests that need to be reconciled.

Workplace mediation, collaborative resolution, negotiation resolution are all examples of dispute resolution and conflict management methods. There are two main types of dispute resolution methods. The first type is judicial dispute resolution. This involves litigation and other court-mediated dispute resolution procedures. The second type is extrajudicial or alternative dispute resolution. This alternative resolution strategy involves out-of-court dispute settlement.

Judicial Conflict Management

Judicial dispute resolution is a court-mediated conflict resolution strategy. Under this dispute resolution process, one or both parties file a case in a court of law. The judge may prescribe court arbitration-mediation first. If this dispute management strategy fails or if the parties are not amenable to it, litigation follows.

The judge or a jury acts as the disinterested third party in a court case. The conflicting parties’ lawyers systematically present their respective arguments. In the end, the judge or jury pronounces a verdict based on the legal merits of the arguments heard and presented. If one or both of the parties are dissatisfied with the court’s ruling, the case may be appealed to a higher court. The higher court judge then repeals, confirms or modifies the lower court’s verdict.

Dispute resolutions obtained through the judicial process are legally binding. Judicial dispute resolution leads to definite and enforceable conflict resolution outcomes. However, judicial dispute resolution methods are expensive. They are also usually drawn out and a long time can pass before any decision is reached. Use alternative dispute resolution techniques if you want to resolve conflicts quickly and inexpensively.

Alternative Dispute Resolution

The alternative dispute resolution process is an extrajudicial conflict resolution strategy. Dispute settlement is achieved outside the court of law. Conflict resolution is obtained through the help of professionals who provide specialized dispute resolution services. In alternative dispute resolution methods, professionally trained arbitration, mediation and negotiation professionals play a very important role.

The following are four alternative dispute resolution techniques that you can use to resolve dispute:

>Mediation Resolution

Workplace conflicts are often solved through workplace mediation, but mediation can be used in all types of conflict situations. Under the mediated resolution technique, a mediator acts as evaluator and facilitator. The mediator’s task is to help the disputing parties reach a compromise.

He evaluates the merits of each side’s arguments to promote understanding between the parties involved in the conflict. He keeps the peace and facilitates the discussion between the disputing parties.

The mediator helps the disputing parties understand the issues under dispute, the other party’s concerns and the consequences of seeking judicial dispute resolution. In the end, the disputing parties have to make a decision on their own. The mediator cannot impose a resolution. If successful, mediation resolution methods lead to mutually satisfying outcomes.

Mediated resolutions are not binding, but mediation is still a good first option. It is more flexible, less expensive and less adversarial than judicial dispute resolution.

>Collaborative Resolution

Collaborative resolution is mainly a divorce settlement process, but it is also used in resolving business disputes and workplace conflicts. Under the collaborative process, the parties sign a participatory agreement where they agree to settle out of court. They also agree to treat each other fairly and courteously throughout the dispute resolution process. Their mutual goal is to reach an amicable and mutually satisfying dispute resolution outcome.

>Arbitration Resolution

Under the arbitration resolution process, a professional arbiter is appointed by the disputing parties. The arbiter hears the case. In the end, he dictates the dispute settlement terms and assigns liability and fines where applicable. Arbitrated dispute resolutions may or may not be binding. They are binding if the parties initially agreed to be bound by the arbiter’s decision.

>Negotiation Resolution

Negotiation resolution is a dispute resolution process where the disputing parties negotiate the terms by which they agree to resolve the conflict between them. Under this process, the parties involved in the conflict hire professional negotiators. Such professional negotiators act as the disputants’ official representatives.

During the negotiation process, the professional negotiators bargain with one another. Their goal is to get as many concessions as possible from the other party. Ultimately, they want to get the best possible resolution terms for their clients. In the end, the negotiation resolution method may or may not lead to conflict resolution.

Conclusion About Dispute Resolution

Alternative dispute resolution processes are generally less adversarial than judicial dispute resolution methods. If you value the person with whom you are in conflict, try an alternative resolution method first. When there’s mutual trust and fair dealing, dispute resolution can be attained without going to court.

The previous article is on Conflict Resolution.

Other wiki resources: communication skills; team building; employee communications; corporate communications; conflict resolution