From dispute resolution to dispute prevention

From dispute resolution to dispute prevention

Dispute resolution is about much more than mediation or arbitration. Valuable as these processes are, they tend to get activated once a dispute has already had time to establish itself. They are often only triggered after the default approach of “delay, deny, defend” (Feinman) has resulted in entrenchment and fixed positions.

This is the case particularly where institutions such as insurance companies or banks are involved. In these cases it is often “the system” that is blamed. The result is unhappy customers, frustration, complaints or more dramatic or even tragic actions.

Time to take a more serious look at dispute prevention.

Dispute Systems Design (DSD) is an approach to dispute prevention that is particularly relevant in these cases, and is currently being discussed in the context of the US health insurance sector, given recent events.

DSD creates structured methods for managing and resolving disputes. It involves analysing the causes of disputes, engaging stakeholders, and developing tailored processes such as mediation, negotiation, or arbitration, and using these at an early stage, rather than when things have escalated.

DSD is proactive, aiming to prevent disputes from escalating and reducing costs associated with unresolved conflicts. By ensuring fair and accessible resolution processes, it builds trust, fosters collaboration, and improves relationships.

Organisations using DSD report reduced litigation, improved productivity, and a healthier work environment. DSD can be applied across a wide range of sectors, from insurance to construction to health and more.

It is also an exciting field to work in, bringing together a range of disciplines and integrating technology. Opportunities arise in government, semi-state and private sectors. 

Learn more about Dispute Systems Design and other approaches to preventing and managing conflict when you register for the online Professional Diploma in Dispute Resolution with University College Dublin Sutherland School of Law, in partnership with Mediator Academy.

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