dispute analysis
Deciding What to Do
When deciding how to address a dispute it is important to consider what you need as a final outcome. What is your overriding objective?
It is natural to focus on the “wrong” that has been committed or the “failure” that has occurred and seek redress or compensation on specific points; especially when it is a matter of urgency or consequences are mounting. Whatever intervention you decide upon, it has a much greater chance of providing a meaningful and lasting resolution if it takes the overall context of the dispute into account.
It is likely that you have already attempted to address these issues as the dispute has developed but resolution has not been achieved. Positions have hardened, communications are strained and the opportunity for constructive dialogue may have passed. A fresh approach is now required.
Whether you elect for litigation or negotiation, you will at some stage be asked to provide a statement of your position and your expectations as to remedy. In effect: “state your claim”.
In order to make an informed decision you will need to have a clear understanding of:
- The Dispute
- Your Situation
- Your Options
The Dispute
Disputes are often much more complex than they present. They are the sum of a range of factors, relationships, interactions, assumptions, positions and interests. They rarely stand in isolation. A useful exercise is to ask the following questions of yourself and also answer them as best you can from the other party’s perspective.
Primary Components
- What is the dispute actually about?
- What is at stake?
- What is your overriding objective of resolution?
- What is your timescale for resolution?
Secondary Components
- How long has the dispute been going?
- What stage is the dispute at?
- What interventions, formal or informal, have already taken place?
Your Situation
Clarifying your situation is key to how you plan to respond to a dispute. Separating out your needs from your wants and understanding what you have to work with in respect of your “case”, your feelings, your capacity and your appetite for RISK will give you a realistic view of your situation.
Establishing Your Situation
- Your Needs (versus Your Wants)
- Your Argument
- Your Interests
- Your Priorities
- Your Resources
- Your understanding of the RISK position
Your Options
Depending on the nature of the dispute and your clarification of your position, you have options to consider both within and beyond NDR:
Options within NDR
- Scope
- Commitment
- Timeline
Options beyond NDR
- Litigation
- Arbitration
- Conciliation
- Evaluation (Neutral, Expert etc)
Once you have a clear understanding of what the dispute is about, your situation and your options, you will be well placed to take a decision on the course of action that is most likely to meet your requirements.
Our Resources will help you make this an informed decision.