Question

In the event that there is a dispute between parties during the conduct of a project, what are the common modes to resolve these? During a dispute, what is the main aim of the process? Is there a requirement to have knowledge of the ways to resolve disputes? Why/why not?

d. What parties are usually involved in each type of conflict resolution?

Answer 1

a. The common modes to resolve the dispute between the parties during conduct of a project are as follows:

1. Confronting: In this process the conflicting parties meet each other face to face and try to reach an agreement that fulfills the interest of both the parties.
2. Compromising: In this process both the parties compromise with each other to reach an acceptable solution that will best serve the interest of both the parties.
3. Smoothing: In this process a particular party may have to sacrifice its interests or goals in order to satisfy the concerns or goals of other party. In this method, the areas of agreement are to be emphasized.
4. Forcing: In this process, a particular party goes all out to win when the stakes of the project are very high and they ignore the concerns and interests of other party. In this method, only single party wins.
5. Avoiding: In this process parties avoid the issue for future to gain time. It is a temporary solution as the disputes or concern arise again and again.

b. The main aim of the process during the dispute is to find the mutually agreed solution between the conflicting parties through consultation or through adjudication that involves the implementation of panel, which prepares the report that the parties are bound to follow.

c. Yes, there is a requirement to have knowledge of the ways to resolve disputes because it is always not necessary to solve the dispute through litigation, where the conflicting parties take the case to the court and the judge or jury decides the matter. Conflicts can also be resolved by an outside party, known as arbitrator, that can resolve the disputes between the parties. Disputes can also be resolved through meditation. If the parties do not have sufficient knowledge of the ways to resolve disputes, then in some cases they may go for the options that may lead to win-loss situation, which in turn may lead to huge financial loss to parties. Sometimes it may be feasible to come at mutual solution that may be in interest of both the parties by giving up certain needs, when the stakes of the project are not too high or when time is restricted.