Lesson 1: THE NATURE OF DISPUTE RESOLUTION page 1

Objectives:
At the end of the lesson, students are expected to:
1. differentiate the goal in dispute resolution from that of dispute settlement;
2. discriminate the principle behind each of the 3 basic types of dispute resolution; and
3. explain the uniqueness of dispute resolution in the CJS compared to dispute resolution
observed in the business world.
Instructional Materials
 Handout containing the topic outline, including the references for reading
 On-line articles

Teaching-Learning Activity/Lesson Proper

A. CONFLICT vs DISPUTE

(WikiDiff, 2020)
 According to John Burton (1990), a dispute is a short-term disagreement that can result
in the disputants reaching some sort of resolution; it involves issues that are
negotiable. Conflict, in contrast, is long-term with deeply rooted issues that are seen as
“non-negotiable”. (Keator, 2011)
 The distinction is that reason and communication do not always address the issues
present within a conflict, but will generally work towards alleviating many disputes. The
principal idea is that if left unchecked and unexplained, a dispute can easily turn into a
conflict. (ibid)
 But conflicts rarely revert to disputes without intervention (Burton, 1990).
https://www.beyondintractability.org/essay/meaning_resolution .

B. DISPUTE RESOLUTION and allied terms

 There is disparity between the terms dispute resolution and conflict resolution.
 Dispute resolution is a term that refers to a number of processes that can be used to
resolve a dispute, claim or conflict. It is used synonymously with dispute settlement.
https://www.americanbar.org/groups/dispute_resolution/resources
/DisputeResolutionProcesses/

Is there a difference between dispute resolution and dispute settlement?

Lesson 1: THE NATURE OF DISPUTE RESOLUTION page 2

 The term dispute resolution is sometimes used interchangeably with conflict resolution,
although conflicts are generally more deep-rooted and lengthy than disputes. (Burton,
1990)
 Conflict resolution can be defined as the informal or formal process that two or more
parties use to find a peaceful solution to the squabble of disagreeing parties.
 Conflict resolution is a more comprehensive approach based on mutual problem-sharing
between the conflict parties. Resolution of a conflict implies that the deep-rooted sources
of conflict are addressed, changing behavior so it is no longer violent, attitudes so they
are no longer hostile, and structures so they are no longer exploitative.
For more discussions, go to this sites:
http://www.netuni.nl/courses/conflict1/week1/1.3_week.html
https://www.beyondintractability.org/essay/meaning_resolution .
What is the difference between dispute resolution and conflict resolution?

What is the difference between conflict resolution and conflict settlement?

C. TYPES AND PRINCIPLES OF DISPUTE/CONFLICT RESOLUTION

 There are a number of ways to resolve disputes, but the more common ones are:
1. Litigation
2. Arbitration
3. Conciliation
4. Mediation
5. Negotiation
To know more about these, you can see discussions in these webpages:
https://www.pon.harvard.edu/daily/dispute-resolution/what-are-the-
three-basic-types-of-dispute-resolution-what-to-know-about-
mediation-arbitration-and-litigation/
https://www.lexisnexis.co.uk/legal/guidance/types-of-dispute-
resolution
https://www.njordlaw.com/different-ways-dispute-resolution-whats-
difference/
https://www.lexology.com/library/detail.aspx?g=092055ad-dbc2-
4483-b602-384be52e8f0e

D. COMMERCIAL DISPUTE RESOLUTION vs CRIMINAL DISPUTE RESOLUTION

What is unique in criminal dispute resolution compared to commercial dispute resolution?