Dispute Resolution for Dummies

There are many ways to resolve a conflict. Our theoretical conflict will be a situation in which Jones keeps a vegetable garden. His garden attracts bees, as well as large-eared rodents. Jones can only work on his garden in the evening, since that is when he is home from work. Jones has a neighbor Smith. Smith is allergic to bees, their stings bring him out in a rash of poor decisions. He also likes his evenings to be tranquil, since he works hard during the day. Yet his evenings are filled with the sounds of clinking garden tools. One day Smith got stung by a bee, with a poor decision he broke his camel's back.  He marches over to Neighbor Jones' house.

The initiation of a resolution should involve negotiation. Negotiation involves each side trying to persuade the other to agree to a deal. For instance, neighbor Jones hears out neighbor Smith's woes, but rejects Jone's proposal to abandon gardening. He instead places a counterbid and promises to buy rubber garden tools. In a perfect world, Smith would accept this and see if those actions will be sufficient to his piece of mind. However, with his rash he does not accept.



He and Jones agree to go to mediation. Mediation involves a mutually agreed upon third party to help the negotiators reach an agreement. Smith and Jones both know and trust the judgement of their buddy, Lee. Lee proposes that as well as buying rubber garden tools, Jones also put a bee net around his garden. This time Smith finds the terms objectable. A bee net would keep the bees from pollinating his garden. After further discussion, no aggreement is found.

In Arbitration, a mutually agreed upon third party issues a binding decision on how to resolve the argument. Smith and Jones tell Lee that since he has heard their terms that he may arbitrate their situation. Lee issues a decision that Smith and Jones fund a wall between Smith's property and Jones' garden. Jones' will purchase a bee-zapper for the pollinating months for the use of Smith.Smith and Jones both find this agreeable (Somehow. Examples are hard to think up...).

Alternatively, Smith could have taken tried litigation. Litigation does not need the opponents consent, and as such it is theoretically reserved only for rights disputes. It is a very formal process and involves high costs.

Negotiation, mediation, and arbitration are relatively low cost and quite voluntary. Due to their voluntary nature, they are considered the civil ways to resolve disputes.In an urban environment, where close proximity of people increases externalities, these options should be visible and well accepted means to solving conflicts.

Here is a great website if you can stand the slow timing for the slides: Conflict Resolution.