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CONFLICT AVOIDANCE is more effective than Conflict Resolution.

Parties seeking to eliminate or reduce claims may consider these proven internal practices:

Drafting Effective AgreementsConflict prevention begins with well-drafted agreements detailing responses when disagreement occurs. The best time to avoid a legal outcome is before, not during, conflict. Consider involving counsel to create contract language without limiting other options.

Engaging In Direct NegotiationDealing directly together is most effective soon after a disagreement arises to prevent escalation. An effective strategy to resolve disputes includes putting all your cards on the table, backed by supporting documents, and taking responsibility for shared errors.

Preparing to interact Parties have many opportunities to resolve differences. The outcome depends on:

·   selecting your best representatives to engage

·    selecting rehearsing strategies and talking points, selecting only the most persuasive

·    providing documentation to support your claims

·    setting the parameters for anticipated outcomes

·    selecting your best representatives to engage

·    being flexible


Advanced avoidance techniquesGroups that recognize the value of dispute management prevent or reduce the cost of conflict through:

·   Personnel training at all levels of the organization, including conflict avoidance and dealing with difficult people

·    Tracking claims internally to recognize the most effective strategies

·    Step negotiation to introduce increasing levels of management in resolution efforts


Rewarding Dispute Resolution Alternative resolution methods enable you to direct your own outcome. Beyond the obvious advantages of time and money comes the satisfaction of preventing disagreements from becoming disputes, resolving disputes before they become claims, and reducing the cost and impact of claims.


Copyright © Richard Fullerton. All rights reserved.