Dispute Settlement
Dispute
settlement refers
to a mutually satisfactory agreement between parties involved in a dispute.[1] Its
content upholds established social norms of right and wrong, the legal and the
illegal and is aimed at bringing the dispute to an end without necessarily
dealing with its fundamental causes.[2] Settlement aims at ending a
dispute as quickly and amicably as possible. This means it is possible to
settle a dispute that exists within the context of a larger conflict without
resolving the overall conflict. The particular dispute might be settled
permanently, another similar or related dispute may arise again later[3] because
conflict or dispute attitudes and underlying structural contradictions may not
have been addressed.[4]
Conflict (Dispute) Resolution
Conflict
resolution refers to a settlement process that goes beyond just satisfying the
parties' interests, as occurs in dispute settlement. Its outcome
represents a relatively stable solution that identifies and deals with
underlying sources of dispute. Resolution requires identifying the causal
factors behind a conflict, and finding ways to deal with them. Resolution
addresses (i) substantive differences, (ii) the need to transform the emotional
nature of relationships by turning adversaries to allies, and (iii) internalizes
the revised relationship. Resolution includes settlement, transformation, and
reconciliation as process dimensions.[5] Conflict or dispute
resolution is more comprehensive and implies that the deep rooted sources of
conflict are addressed and transformed.[6]
[1] Oke, O.O. (2012), Bringing Parties to Settlement: The Role of the ADR
Judge, In: Azinge, Epiphany and Ani, Comfort (eds), Principles of Negotiations and Mediation, Nigerian Institute of
Advanced Legal Studies, Lagos, p. 65
[2] Burton, John and Dukes, Frank
(1990), Conflict: Practices in Management, Settlement &
Resolution, St. Martin's Press, pp. 83-87
[3] Burton, John (1990), Conflict:
Resolution & Provention, St. Martin's Press, p. 5
[4] Ramsbotham, Oliver et al (2011), Contemporary
Conflict Resolution, Third Edition, Polity Press, p. 31
[5] Shapiro, Daniel (2017), Negotiating the Nonnegotiable: How to Resolve Your Most Emotionally
Charged Conflicts, Harvard International Negotiation Program, Penguin
Books, p. 255n
[6] Ramsbotham, Oliver et al (2011), Contemporary
Conflict Resolution, Third Edition, Polity Press, p. 31
