Dispute Resolution – Why we fight in courts to find a resolution?
Conflicts and disputes are a matter of managing deep human psychology, human values and other human circumstances and behavior in our social, political, commercial and family situations.
How can disputes ever be resolved by force? Applying force of law to bring a dispute to an end, so called legally enforced end? Is dispute resolution about zero sum win-loss game?
Are we using the right means to meet our end? Can disputes be finally resolved with the courts verdict?
We have all witnessed this through decades in the court of law. Millions of people and entities fighting for winning the horrific and stressful zero sum win loss game over adversaries in the court of law, destroying the most productive time and hard earned money in the process, sometimes fighting for decades to get the verdict.
Is that verdict really RESOLUTION of Dispute? If at all so, is that really worth?
A third party’s determination or judgment may end a legal dispute, but it certainly will not be the end of a human conflict, that remains in our social fabric, until the resolution happens in the minds or hearts of humans.
Conflicts and disputes are part of life and a matter of managing deep human psychology, human values and other human circumstances and behaviours in our social, political, commercial and family situations.
From ages, we have misunderstood the difference between resolution of dispute and protecting ourselves from the evil characters, cheaters, frauds and criminals with the help of force of law.
We do not need courts, lawyers or judges for resolution primarily, but we definitely need the help of court, law and enforcement to protect our life and property from people with fraudulent intentions, the few hidden predators in humans.
Dispute resolution is about applying the human science to identify and solve a problem, the root cause of disputes. Dispute resolution is essentially a matter outside of the law, until the dispute is only about a question of law point, which we all know, is not the case, in majority of disputes.
Conflicts are outcome of many social, psychological, emotional, political and other community and commercial situations and when not managed properly, the conflicts convert into full blown disputes. Resolving disputes in more about managing and preventing them to occur, and if at all they happen, we need comprehensive measures to resolve. A dispute has more to it than just about legal rights and resolutions happen when we manage the root cause. If this is the approach and solution, then why courts? Why judges? Why dispute resolution has become the domain, and almost monopoly, of the law practice professionals? In fact a dispute will invariably always become more complex, more damaging and protracted if we try the so called RESOLUTION by using coercive means and applying the force of Law.
We definitely need better processes – comprehensive, hybrid and holistic approach to manage and resolve disputes and a different institutional setup that integrates all the processes to manage and resolve disputes.
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