Disputes Settlement and Disputes Resolution

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]

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[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