Dispute resolution

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Dispute resolution is the process of resolving disputes between parties.

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.[citation needed] 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:

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

Dispute Resolution in International Trade:Negotiation, Mediation, Arbitration and Legal Action

For Details refer to "Global Business Environment" (Fifth Edition) By FITT Pages 301,302 & 303

Judicial dispute resolution

The legal system provides a necessary structure for the resolution of many disputes. However, some disputants will not reach agreement through a collaborative processes. Some disputes need the coercive power of the state to enforce a resolution. Perhaps more importantly, many people want a professional advocate when they become involved in a dispute, particularly if the dispute involves perceived legal rights, legal wrongdoing, or threat of legal action against them.

The most common form of judicial dispute resolution is litigation. Litigation is initiated when one party files suit against another. In the United States, litigation is facilitated by the government within federal, state, and municipal courts. The proceedings are very formal and are governed by rules, such as rules of evidence and procedure, which are established by the legislature. Outcomes are decided by an impartial judge and/or jury, based on the factual questions of the case and the application law. The verdict of the court is binding, not advisory; however, both parties have the right to appeal the judgment to a higher court. Judicial dispute resolution is typically adversarial in nature, e.g., involving antagonistic parties or opposing interests seeking an outcome most favorable to their position.

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