Avoiding and Resolving Disputes

Avoiding and Resolving Disputes
Author: Bart Kavanagh
Publisher: Routledge
Total Pages: 127
Release: 2019-07-25
Genre: Architecture
ISBN: 1000701395

Quick, concise and direct, this pocketbook outlines the essentials that every architect needs to know about construction disputes – from tips on avoiding them in the first place and informally negotiating issues as they arise, to how to go about settling full-blown disputes more formally.

Dispute System Design

Dispute System Design
Author: Lisa Blomgren Amsler
Publisher: Stanford University Press
Total Pages: 424
Release: 2020-06-02
Genre: Law
ISBN: 1503611361

Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.

Best Practice in Construction Disputes

Best Practice in Construction Disputes
Author: Paula Gerber
Publisher:
Total Pages: 493
Release: 2013
Genre: Construction industry
ISBN: 9780409333077

Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.

Resolution of Disputes to Avoid Construction Claims

Resolution of Disputes to Avoid Construction Claims
Author: Barry B. Bramble
Publisher: Transportation Research Board
Total Pages: 52
Release: 1995
Genre: Law
ISBN: 9780309058582

This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.

From Conflict to Courage

From Conflict to Courage
Author: Marlene Chism
Publisher: Berrett-Koehler Publishers
Total Pages: 221
Release: 2022-05-03
Genre: Business & Economics
ISBN: 1523000732

Unresolved conflict is workplace kryptonite. Learn how to develop the mindset and skills to defuse disagreements, overcome division, and turn conflict into an opportunity for growth. Unresolved workplace conflict wastes time, increases stress, and negatively affects business outcomes. But conflict isn't the problem, mismanagement is. Leaders unintentionally mismanage conflict when they fall into patterns of what Marlene Chism calls “the Three As:” aggression, avoidance, and appeasing. “These coping mechanisms are ways human beings avoid the emotions that come with conflict, but in the end it's all avoidance,” says Chism. In this book she shows how to fearlessly deal with conflict head-on by expanding your conflict capacity. Conflict capacity is a combination of three elements. The foundation is the Inner Game—the leader's self-awareness, values, discernment, and emotional integrity. The Outer Game is the skills, tools, and communication techniques built on that foundation. Finally, there's Culture—the visible and invisible structures around you that can encourage or discourage conflict. Chism offers exercises, examples, and expert guidance on developing all three elements. Leaders will discover techniques to increase leadership clarity, identify obstacles, and reduce resistance. They'll develop powerful skills for dealing with high-conflict people and for initiating, engaging in, and staying with difficult conversations. Readers will learn that when they see conflict as a teacher, courageously face it, and continually work on transforming themselves, they can get the resolution they are seeking. They can change minds.

Territorial Disputes and Conflict Management

Territorial Disputes and Conflict Management
Author: Rongxing Guo
Publisher: Routledge
Total Pages: 233
Release: 2012-01-25
Genre: Political Science
ISBN: 1136630457

This book examines the problems of boundary demarcation and its impact on territorial disputes, and offers techniques to manage and resolve the resulting conflicts. Historically, most civil conflicts and internal wars have been directly related to boundary or territorial disputes. Cross-border discord directly affects the sustenance and welfare of local populations, often resulting in disease, impoverishment, and environmental damage as well as creating refugees. Although the impact of territorial disputes is great, they can often be settled through bilateral, and sometimes multilateral, agreements or international arbitration. This book sets out to probe into the problems of existing techniques on boundary demarcation and to test their possible impacts on boundary and territorial disputes. Various factors and their influences on cross-border tensions are tested, either qualitatively or quantitatively. After close examination of dozens of the most significant cases, the book presents various alternative solutions to the achievement of cross-border cooperation in disputed territories. An ‘art of avoiding war’ is included within the book, comprising six key schemes and five negotiating techniques. The comparative advantages, costs and benefits of each of these is analyzed and evaluated. This book will help guide practitioners in territorial disputes and will be of interest to students of conflict management, international security, peace and conflict studies, political violence and IR in general.

The Big Book of Conflict Resolution Games: Quick, Effective Activities to Improve Communication, Trust and Collaboration

The Big Book of Conflict Resolution Games: Quick, Effective Activities to Improve Communication, Trust and Collaboration
Author: Mary Scannell
Publisher: McGraw Hill Professional
Total Pages: 240
Release: 2010-05-28
Genre: Business & Economics
ISBN: 0071743669

Make workplace conflict resolution a game that EVERYBODY wins! Recent studies show that typical managers devote more than a quarter of their time to resolving coworker disputes. The Big Book of Conflict-Resolution Games offers a wealth of activities and exercises for groups of any size that let you manage your business (instead of managing personalities). Part of the acclaimed, bestselling Big Books series, this guide offers step-by-step directions and customizable tools that empower you to heal rifts arising from ineffective communication, cultural/personality clashes, and other specific problem areas—before they affect your organization's bottom line. Let The Big Book of Conflict-Resolution Games help you to: Build trust Foster morale Improve processes Overcome diversity issues And more Dozens of physical and verbal activities help create a safe environment for teams to explore several common forms of conflict—and their resolution. Inexpensive, easy-to-implement, and proved effective at Fortune 500 corporations and mom-and-pop businesses alike, the exercises in The Big Book of Conflict-Resolution Games delivers everything you need to make your workplace more efficient, effective, and engaged.

Getting to Yes

Getting to Yes
Author: Roger Fisher
Publisher: Houghton Mifflin Harcourt
Total Pages: 242
Release: 1991
Genre: Business & Economics
ISBN: 9780395631249

Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

The Dynamics of Conflict Resolution

The Dynamics of Conflict Resolution
Author: Bernard Mayer
Publisher: John Wiley & Sons
Total Pages: 288
Release: 2010-09-23
Genre: Business & Economics
ISBN: 0470932465

This empowering guide goes beyond observable techniques to offer a close look at the creative internal processes--both cognitive and psychological--that successful mediators and other conflict resolvers draw upon.

Getting to Resolution

Getting to Resolution
Author: Stewart Levine
Publisher: Berrett-Koehler Publishers
Total Pages: 317
Release: 2009-11-09
Genre: Business & Economics
ISBN: 160509580X

Our current models for ending conflict don’t really work. They waste incredible amounts of time, money, and energy and take an enormous emotional toll on participants. The parties remain embittered, relationships are destroyed, and often the conflict just reappears later in a different form. In this second edition of his classic book, Stewart Levine offers a revolutionary alternative approach that goes beyond compromise and capitulation to provide a satisfactory resolution for everyone involved. Marriages run amuck, neighbors at odds with one another, business deals gone sour, and the pain and anger caused by corporate downsizing are just a few of the conflicts he addresses. The new edition has been thoroughly revised with new examples, new tools, new material about building trust and virtual collaboration, as well as a more global outlook. Levine rejects the adversarial legal model: "If both sides are unhappy, you probably have a good settlement." Resolution, he shows, provides relief and completeness for both sides. No one goes away unhappy. Effective resolution stops anger and resentment cold, drastically cutting the emotional cost and allowing both sides to return to productive, satisfying, functional relationships. Getting to Resolution outlines the ten principles underlying this new approach—what Levine calls “resolutionary thinking. Levine provides a detailed seven-step process for using this new mindset to resolve conflicts in a way that fosters dignity and integrity, optimizes resources, and allows all concerns to be voiced, honored, and woven into the resolution. Levine's model has a thirty-five-year track record. It has been developed, implemented, tested, and proven in business, personal, and governmental contexts. Getting to Resolution will enable readers to shift from thinking about problems, fighting, and breakdowns to thinking about collaboration, engagement, learning, creativity, and the opportunity for creating enduring value.