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Encyclopedia > Dispute resolution
It has been suggested that Adjudication be merged into this article or section. (Discuss)

Dispute resolution is the process of resolving disputes between parties. Image File history File links Please see the file description page for further information. ... It has been suggested that this article or section be merged into Dispute resolution. ... A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. ...

Contents


Methods

Methods of dispute resolution include:

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. A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ... Arbitration is a final and binding dispute resolution process. ... Mediation consists of a process of alternative dispute resolution in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. ... Conciliation is an alternative dispute resolution process whereby the parties to a dispute (including future interest disputes) agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. ... Negotiation is the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which serve their mutual interests. ... Violence refers to acts of aggression and abuse which causes or intends to cause criminal injury or harm to persons, and (to a lesser extent) animals and property. ... The United States detonated an atomic bomb over Nagasaki on August 9, 1945, effectively ending World War II. The bombings of Nagasaki and Hiroshima (on August 6) immediately killed between 100,000 and 200,000 people and are the only known instances nuclear weapons have ever been used in war. ... (Russian: Ио́сиф Виссарио́нович Ста́лин, Iosif Vissarionovich Stalin; December 18 [O.S. December 6] 1878[1] – March 5, 1953), also spelled Josef Stalin, was the leader (Premier) of the Soviet Union from the mid-1920s to his death in 1953 and General Secretary of the Central Committee of the Communist Party of the Soviet...


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. It has been suggested that this article or section be merged into Dispute resolution. ...


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. Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ... A judge or justice is an official who presides over a court. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


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. This article is in need of attention from an expert on the subject. ... Wall Street, Manhattan In economics, business refers to the social science of managing people to organize and maintain collective productivity toward accomplishing particular creative and productive goals. ... International law deals with the relationships between states, or between persons or entities in different states. ... A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, that enforces a monopoly on the use of force. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... Consumers are individuals or households that consume goods and services generated within the economy. ... A corporation is a legal person which, while being composed of natural persons, exists completely separately from them. ...


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. Online Dispute Resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. ...


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

For the episode of the television series The Office, see Conflict Resolution (The Office episode) Conflict resolution or conflictology is the process of resolving a dispute or a conflict. ... The United Nations, with its headquarters in New York City, is the largest international diplomatic organization. ... Norwegian Blue Helmet during the Siege of Sarajevo, 1992 - 1993, photo by Mikhail Evstafiev. ...

Additional Resources

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, 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.

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).

  Results from FactBites:
 
Dispute resolution - Wikipedia, the free encyclopedia (919 words)
Dispute resolution is the process of resolving disputes between parties.
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.
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.
  More results at FactBites »

 
 

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