Lecture 3, Dispute Resolution-Conflict Management-Lecture Notes, Study notes of Conflict Management

Download Lecture 3, Dispute Resolution-Conflict Management-Lecture Notes and more Study notes Conflict Management in PDF only on Docsity! 12 Lesson 3 DISPUTE RESOLUTION II Quotations A man's greatest battles are the ones he fights within himself. Ben Okri (1959 - ) Nigerian novelist, short-story writer, and poet. "We have met the enemy and it is us." Walt Kelly Dispute resolution processes can be divided into two main categories, according to the identities of the persons who decide the outcome. These two categories are called Adjudication and Negotiation. Adjudication In adjudication the decision maker is a neutral third party, rather than the disputants. Kinds of Adjudication Following are the important forms of Adjudication a) Litigation b) Agency Adjudication c) Arbitration Litigation Litigation is an adjudication in court system, under legal auspices, in which the adjudicator is the judge. a) Only certain situations can legally be taken to court. b) Process is very formal and structured to protect the due process rights of the litigants. c) In litigation only certain kinds of outcomes are legally possible. Agency adjudication Agency adjudication is similar to litigation. Except that the law underlying recourse to the process is regulatory. 1. Adjudicator is often called an administrative law judge or hearing officer. 2. May be less formal and structured than litigation. Arbitration Arbitration is the form of adjudication in which authority of adjudicator is conferred by disputants’ contract. It may be provided for by a court rather than privately but if so, 1. The parties are free to decline arbitration, or 2. If the parties must participate , they are free to disregard the results (making this non binding evaluation) Negotiation and Adjudication: Basic Distinction In negotiation the disputants decide the issue whereas in adjudication the neutral third party decides the issue. docsity.com 13 Negotiation The process in which disputants seek to resolve an interpersonal conflict through dialogue or another form of communication is called negotiation. In negotiation, the disputants themselves decide mutually whether, and on what terms, the conflict should be resolved. Forms of Negotiation There are various types of negotiation. a) Assisted (Facilitated) Negotiation b) Unassisted (simple) Negotiation Simple negotiation In this type of negotiation only participants are the disputants. Assisted (or facilitated) negotiation In assisted negotiation the disputants are joined by others. Types of Assisted Negotiation Following are the various types of assisted negotiation. a) Agent or advocate-assisted disputants’ representatives conduct the negotiation b) Mediation- neutral third party assists the disputants in settling the dispute. c) Nonbinding evaluation- neutral third party renders a nonbinding evaluation of the conflict “Persuade” directions Decision makers Other participants DisputantDisputant Simple Negotiation docsity.com