Methods
Methods of dispute resolution include:
- lawsuits (litigation)
- arbitration
- collaborative law
- mediation
- conciliation
- many types of negotiation
- facilitation
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:
- Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome.
- Consensual processes, such as collaborative law, 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.
Dispute Resolution is an important requirement in International Trade:Negotiation, Mediation, Arbitration and Legal Action.
Read more about this topic: Dispute Resolution
Famous quotes containing the word methods:
“In inner-party politics, these methods lead, as we shall yet see, to this: the party organization substitutes itself for the party, the central committee substitutes itself for the organization, and, finally, a “dictator” substitutes himself for the central committee.”
—Leon Trotsky (1879–1940)
“A writer who writes, “I am alone” ... can be considered rather comical. It is comical for a man to recognize his solitude by addressing a reader and by using methods that prevent the individual from being alone. The word alone is just as general as the word bread. To pronounce it is to summon to oneself the presence of everything the word excludes.”
—Maurice Blanchot (b. 1907)
“All men are equally proud. The only difference is that not all take the same methods of showing it.”
—François, Duc De La Rochefoucauld (1613–1680)