Dispute resolution

Encyclopedia : D : DI : DIS : Dispute resolution

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For Wikipedia's dispute resolution guidelines, see [Resolving disputes].

Dispute resolution is the process of resolving disputes between parties.

Methods

Methods of dispute resolution include:

• lawsuits (litigation)
• arbitration
• mediation
• conciliation
• many types of negotiation

One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them. Some individuals, notably Joseph Stalin, have stated that all problems emanate from man, and absent man, no problems ensue. Hence, violence could theoretically end disputes, but alongside it, life.

Dispute resolution processes fall into two major types:

1. Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome.
2. Consensual processes, such as mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.

Not all disputes, even those in which skilled intervention occurs, end in resolution. Such intractable disputes form a special area in dispute resolution studies.

Judicial dispute resolution

A competent and effective judge, arbitrator or mediator can greatly aid 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 their appointment or election to the judiciary. Retired judges or experienced private lawyers often become arbitrators or mediators, but trained and qualified non-legal dispute resolution specialists form a growing body. In the United States of America, many states now have mediation or other ADR programs annexed to the courts, to facilitate settlement of lawsuits.

Extrajudicial dispute resolution

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 generally depends on 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. However, some have criticized these methods as taking away the right to seek redress of grievances in the courts, suggesting that extrajudicial dispute resolution may not offer the fairest way for parties not in an equal bargaining relationship, for example in a dispute between a consumer and a large corporation. In addition, in some circumstances, arbitration and other ADR processes may become as expensive as litigation or more so.

Online Dispute Resolution

Dispute resolution can also take place on-line or by using technology in certain cases. Online Dispute Resolution, a growing field of dispute resolution, uses new technologies to solve disputes. Online Dispute Resolution is also called "ODR". GAMA, the Global Arbitration Mediation Association, http://www.gama.com , http://www.arbitration.com , http://mediation.com , is credited with being the first on-line ADR organization in 1995, advocating the use of ODR for resolving geographically distant parties involved in E-commerce disputes. Online Dispute Resolution or ODR also involves the application of traditional dispute resolution methods to disputes which arise online.

Further reading

• Ury, William, 2000. The Third Side: Why We Fight and How We Can Stop . Penguin Putnam. New York. ISBN 0140296344
• Morris, Catherine, ed. [Conflict Transformation and Peacebuilding: A Selected Bibliography.] Victoria, Canada: Peacemakers Trust.
• David Sherwyn, Bruce Tracey & Zev Eigen, In Defense of Mandatory Arbitration of Employment Disputes: Saving the Baby, Tossing out the Bath Water, and Constructing a New Sink in the Process, 2 U. Pa. J. Lab. & Emp. L. 73 (1999)

See also

• Conflict resolution
• Diplomacy
• Peacekeeping

Additional Resources

• [CUNY Dispute Resolution Consortium]- ' The Dispute Resolution Headquarters in New York City.'

The City University of New York Dispute Resolution Consortium (CUNY DRC) serves as an intellectual home to dispute resolution faculty, staff and students at the City University of New York and to the diverse dispute resolution community in New York City. At the nation’s largest urban university system, the CUNY DRC has become a focal point for furthering academic and applied conflict resolution work in one of the world’s most diverse cities. The CUNY DRC conducts research and innovative program development, has co-organized countless conferences, sponsored training programs, resolved a wide range of intractable conflicts, published research working papers and a newsletter. It also maintains an extensive database of those interested in dispute resolution in New York City, a website with resources for dispute resolvers in New York City and since 9/11, the CUNY DRC assumed a leadership role for dispute resolvers in New York City by establishing an extensive listserv, sponsoring monthly breakfast meetings, conducting research on responses to catastrophes, and managing a public awareness initiative to further the work of dispute resolvers.

• [Peacemakers Trust]

Peacemakers Trust, based in Victoria, Canada, is a non-profit organization for research and education in the field of conflict resolution and peacebuilding with a list of definitions in the field of dispute resolutionan as well as an extensive searchable online bibliography.

• [link]

GAMA, the Global Arbitration Mediation Association, provides forms, information on ODR and ADR and searchable directories of arbitrators and mediators at http://www.gama.com , http://www.mediation.com and http://www.arbitration.com.

• Go to http://www.youdrawstraws.com for an on-line, usable (free for non-commercial consumer use) method of using the internet for "drawing straws" to resolve minor disputes (which game to play first, which activity to attend, designated driver selection, which movie to watch, who cleans the toilets).

External links

• [Arbitrator.com: offers links to Arbitration and Mediation information.]
• [Peacemakers Trust] offers extensive resources in the field of dispute resolution.
• http://www.gama.com] GAMA, the Global Arbitration Mediation Association has searchable directories of arbitrators and mediators at http://www.gama.com , http://www.mediation.com , and http://www.arbitration.com .
• Go to http://www.youdrawstraws.com for YouDrawStraws, an on-line, usable (free for non-commercial consumer use) method of using the internet for "drawing straws" to resolve minor disputes (which game to play first, which activity to attend, designated driver selection, which movie to watch, who cleans the toilets).

 

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