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:
“All good conversation, manners, and action, come from a spontaneity which forgets usages, and makes the moment great. Nature hates calculators; her methods are saltatory and impulsive.”
—Ralph Waldo Emerson (1803–1882)
“The reading public is intellectually adolescent at best, and it is obvious that what is called “significant literature” will only be sold to this public by exactly the same methods as are used to sell it toothpaste, cathartics and automobiles.”
—Raymond Chandler (1888–1959)
“Crime is terribly revealing. Try and vary your methods as you will, your tastes, your habits, your attitude of mind, and your soul is revealed by your actions.”
—Agatha Christie (1891–1976)