ABSTRACT
This is another practical chapter that covers essential ground.
There is sometimes a tendency to view “conflict” and “dispute” interchangeably, but in fact they are different concepts – though paradoxically there can be conflict within a dispute, and disputes within conflict.
Once the fundamental differences between these concepts are addressed and understood, there are essential practical considerations as to how each can most effectively be managed.
Conflict resolution can be undertaken by way of direct discussion or by third-party intervention in some form of facilitated discussion. However, “resolution” of conflict is not always possible and sometimes the aim is to manage rather than resolve the conflict. Modes of responding to conflict are considered.
Dispute resolution has some overlap with conflict resolution, but embodies many different approaches. Primary processes are by way of negotiation – already addressed – and through the courts, which it is beyond the scope of this book to address. There are, however, some effective alternative dispute resolution approaches, covering non-adjudicatory models such as mediation, and adjudicatory models such as arbitration and expert determination. And overlapping these are hybrid processes as well as the growing field of online dispute resolution.
