CONFLICT RESOLUTION
Conflict resolution is used to settle disputes between two parties.
Conflict resolution in an informal or formal process that several parties use to find a solution to a dispute.
A number of common traps can exacerbate conflict and contribute to the need for conflict resolution:
- Fairness interpretations, deciding what’s fair from a position of neutrality, Blueshield interprets what would be most fair to the parties on the bases of fairness.
- Overconfidence, a tendency that leads to unrealistic expectations. Disputants are overconfident about their odds of winning a lawsuit, for instance, an error that can lead them to shun a negotiated settlement that would save them time and money.
- Escalation of commitment, dealing with other parties, that are likely to irrationally escalate their commitment to their chosen course of action, long after it has proven useful. Parties try to recoup past investments in a dispute, failing to recognize that such “sunk costs” should play no role in the future decisions.
- Conflict avoidance, since negative emotions cause discomfort and distress, it has to tamp them down. In fact, conflict tends to become more entrenched, and parties have a greater need for conflict resolution when they avoid dealing with their emotions.
Given these and other pitfalls, Blueshield can set up a constructive conflict resolution process when dealing with conflict between Parties.
Conflicts can be resolved in a variety of ways, including negotiation, mediation, arbitration, and litigation.
- Negotiations, it must be dealt on the same principles of collaborative negotiation used in dealmaking, exploring the interests underlying parties’ positions, such as a desire to resolve a dispute without attracting negative publicity or to repair a damaged business relationship.
Determining the best alternative to a negotiated agreement if failing to reach an agreement or filing a lawsuit. By brainstorming options and looking for tradeoffs across issues, with our help, our clients will negotiate a satisfactory outcome to the dispute with aid of Blueshield and Lawyers.
- Mediation, disputants enlist Blueshield to help them come to a consensus. Rather than imposing a solution, our mediation team encourages disputants to explore the interests underlying their positions. Working with parties both together and separately, Blueshield seeks to help them discover a resolution that is sustainable, voluntary, and nonbinding.
- Litigation/arbitration. In civil litigation/arbitration, a defendant and a plaintiff face off before either judge, who weigh the evidence and make a ruling. Information presented in hearings and trials usually enters the public record. Lawyers typically dominate litigation, which often ends in a negotiated settlement during the pretrial period. Generally, It makes sense to start off less-expensive, less-formal conflict resolution procedures, negotiation and mediation, before making the larger commitments of money and time that arbitration and litigation often demand.