Businesses and conflict: It's all about control

A just-released study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration -- adjudication with private judges -- less often and relying more on mediated negotiation and other approaches aimed at getting disputes settled more inf...

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Bibliographic Details
Published in:The National Law Journal & Legal Times 2013-03, Vol.35 (29), p.50
Main Author: Stipanowich, Thomas J
Format: Article
Language:English
Subjects:
Alternative dispute resolution
Attorneys
Polls & surveys
Online Access:Get full text
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Summary:A just-released study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration -- adjudication with private judges -- less often and relying more on mediated negotiation and other approaches aimed at getting disputes settled more informally, quickly and inexpensively. The study, based on a 2011 survey of corporate counsel developed by researchers at Cornell and Pepperdine universities with input from the International Institute for Conflict Prevention & Resolution, indicates that although the approaches of large corporations vary widely, their decisions about how to manage conflict usually boil down to issues of control. When it comes to adjudication, more companies seem to be turning back to litigation in court. Ultimately, the successful evolution of effective alternatives for the handling of business-related disputes depends upon internal decisions that corporate interests can be better achieved by moving beyond traditional approaches.
ISSN:2163-8756