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Means of dispute settlement - Course Rated

July 13, 2020by admin

Means of dispute settlement

INTRODUCTION.
In the human race there exist some differences which occurs as a result of failure to understand each other. People possesses different characteristic and hence there ca not miss s of some of the misunderstanding among beach other. We can therefore say that people strive to reach a point of understanding in order to exist mutually with each h other. Theories and various modalities are designed to assist solve the disputes among the human being so that they can live in harmony with each other. However, there can not miss the differences in people as long they are living in the same geographical area. That constitutes the society and therefore the need to understand each other. We can therefore define dispute as a misunderstanding or disagreement among people due to differences ideologies or ideas (Van, 1999). As the definition states, the differences emanated among the human beings and therefore the importance of coming up with efficient and workable procedures to solve the problem. The way to solve the problem could be via personal initiative or involving other agencies. The paper is going to evaluate the various methods which can be employed to assist in solving the disputes and also ranking them in order which is mostly acceptable.
One of the methods that can be used is negotiation. To negotiate simply means sitting down among the people who have dispute and trying to reach the solution. They discuss their weaknesses and tries to understand each other to avoid differences which are not necessary. Negotiation is important because it enables the confidentiality is maintained without necessarily involving a lot of people (American media, 1993). The third person can include in the case where the two persons might find it very hard to agree on issues. The two people having the dispute might end up quarreling each other and the solution not gotten hence the important of involving another party. It therefore serves as one of the best method of solving the disputes among the human race. The other method which can be used to solve dispute is mediation. Mediation refers to involving a third party called mediator to assist reaching the agreement.mesiation is paramount in solving the disputes among the people because each party has the chance to talk out their problem without bias. The mediator has a role of employing his or hers skill to determine which party was wrong and which was not. From the cognitive analysis and evaluation of the situation, the mediator is able to deliver the judgments which are pegged to bring the two parties together. Mediation is a method which is neutral and aims at improving the relationship between the two parties instead of destroying it.
The third method that can be employed is arbitration. Just like in mediation, the third party has to be employed. In this case, the third party is called arbitrator. The purpose of the arbitrator is to restore sanity where confusion existed. The arbitrator as well is a neutral party who has no interest of any party and solves the dispute accordingly. The fourth method of solving dispute is litigation (Van, 1999). This refers to the involving the law in solving the dispute. It entails going to court and settling the issues. The right laws are applied regarding the type of dispute involved. The judge passes the judgments as it is required by the law without the favour of any party. It is a clear method to solve the dispute but might end up killing the relationship between the two parties. Apart from above methods, other methods that can be used are using family members to solve the dispute, forgiving each other and involving the elders in the society. The order in which they can be ranked are: forgiving each other, involving family members and using the elders. The ranking has been done so because there would exist a high level confidentiality if the dispute is solved among the disputing parties. Much information will not spill to the public hence protecting their rights.

CONCLUSION
Solving dispute is very important in the society because we cannot live without them. The methods discussed above are efficient in solving disputes and more of them might be involved to assist in achieving the objective.
REFERENCES.
American Media Incorporated. (1993). Solving conflict: For managers, supervisors, and team leaders. W. Des Moines, IA: American Media.
Van, S. E. J. (1999). Listening to conflict: Finding constructive solutions to workplace disputes. New York: AMACOM.

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