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Arbitration: A neutral third party is brought in to arbitrate or resolve the negotiation through a BATNA. Unlike mediation, they resolve the issue. Unlike mediation, they resolve the issue. Litigation : When the negotiation takes a turn for the worst, an authoritative third party intervenes in the form of law and the issue is resolved in court ...
Qualifications—knowledge of the theory and practice of conflict, negotiation and mediation, mediation skills. Experience— mediation experience, experience in the substantive area of dispute and personal life experience; Training; Professional background; Certification and its value; Suitability of the mediation model
Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; 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.
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending on its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
Conflict resolution is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and retribution.Committed group members attempt to resolve group conflicts by actively communicating information about their conflicting motives or ideologies to the rest of group (e.g., intentions; reasons for holding certain beliefs) and by engaging in collective ...
In 1979, co-authors of the bestseller Getting to Yes: Negotiating Agreement without Giving In, Roger Fisher and William Ury, along with Bruce Patton founded the Harvard Negotiation Project (HNP), with a mission to improve the theory, teaching, and practice of negotiation and dispute resolution, so that people could deal more constructively with conflicts ranging from the interpersonal to the ...
Party-directed mediation (PDM) is an approach to mediation that seeks to empower each party in a dispute, enabling each party to have a more direct influence upon the resolution of a conflict, by offering both means and processes for enhancing the negotiation skills of contenders. The intended prospect of party-directed mediation is to improve ...
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution. In practice, arbitration ...