Prevention can play a significant role in handling legal and business disputes. Business partners, government contractors, and alternative dispute professionals should use prevention as the first and foremost tool in their conflict resolution arsenal. This article examines how to implement prevention techniques before, during, and after a dispute.
I. The Dispute Cycle and Conflict Escalation
The parties need to understand the dispute cycle to implement effective prevention techniques. Disputes typically start with a minor issue or concern. The concern begins to generate tension, frustration, and budding distrust. The parties start to experience an actual or perceived gap in their respective needs, goals, and communication. Without quick resolution, the minor issue creates a difference of opinion, which develops into a problem.