What are the best practices for resolving disputes when working abroad for an NGO?

Understanding the context is a fundamental step in effective dispute resolution. It's crucial to appreciate the cultural, historical, and political factors at play, as well as the legal framework. Moreover, acknowledging our own biases and emotions is essential to approaching disputes with sensitivity and empathy. This holistic understanding enables us to tailor our approach to the specific dynamics of each case, fostering a more respectful and effective resolution process.

Mediation is the best process to resolve disputes. However, it must also be noted that this modern world lawyers work for dispute preemption rather than dispute resolution

Separating problems from different attitudes If we accept that we all strive for the same goal in an NGO, then we must accept that many of the differences that arise are not caused by our conflicting interests, but are caused by different perceptions and ways to achieve the same goal. If we look at the differences from this point of view, we will turn many of them from a threat to an opportunity. The opportunity to know different ways to reach the common goal of the NGO. Through this attitude, the parties to the dispute are moved from a defensive position to a level of alignment and participation And the path to reach an agreement becomes smoother.

If the parties reach an agreement on how to resolve their dispute, they have taken the first step towards getting closer to each other. It is better to create ways to resolve disputes that give the parties more opportunities to negotiate and exchange ideas. Ways that implement justice with respect for friendship are superior to other ways. In mediation and arbitration methods, the disputing parties have more opportunity to be heard. We know that many disputes are due to the lack of recognition of the effects of the dispute on the other party. If the party that is affected by the problem has more opportunities to negotiate, the probability of amicable resolution of the problem increases.

Active listening is a linchpin in dispute resolution. It goes beyond hearing words; it involves attentive, non-judgmental, and empathetic listening. Active listening helps build trust, clarify issues, and uncover common ground. It also allows us to acknowledge the emotions and concerns of all parties involved. This skill is indispensable in any dispute resolution scenario, particularly when working with diverse stakeholders in an NGO context.

Choosing the right mediator and arbitrator. Choosing an experienced and competent person to solve the problem is solving half the problem. A person who has more experience and knowledge in the subject of the problem, looks at the created problem with a more complete knowledge. Having a wider perspective to the created problem helps a lot to solve it more justly. Such arbitrators have had the opportunity to observe their judgment in practice and touch its effects. Therefore, in presenting their opinion, they try to avoid the possible bad effects of their opinion by presenting intelligent opinions.

Selecting the appropriate method for dispute resolution is paramount. Each case may demand a unique approach, whether it's negotiation, mediation, arbitration, or litigation. Choosing the most fitting method ensures fairness and efficiency in resolving disputes. Careful consideration of the circumstances and the desired outcome is crucial when determining the best approach to take.

Replace dead ends with alternatives. In many cases, the parties may present different and multiple opinions on a case. Any opinion from one side is faced with another objection. Here, it might be better to replace it with another way. For example, if there is a difference of opinion about which one should do the work privately and both parties disagree on accepting that work or rejecting that work, it might be better for a third person to take over the work. Or that the two sides of the dispute do separate cases about that work.

Adhering to ethical principles is non-negotiable in dispute resolution. Honesty, integrity, impartiality, confidentiality, and accountability are guiding lights in maintaining trust and fairness. Transparency in intentions, impartiality in decision-making, and safeguarding confidentiality are cornerstones of ethical practice. Upholding these principles ensures that the resolution process is conducted with integrity and credibility.

Always look for things that the parties agree on. If we find things that are agreed upon by the parties, we can expand it and spread it to other parts of the dispute. This means that we should keep the issues that the parties disagree about the same, because it may increase in scope and make it more difficult to reach an agreement.

Learning from the experience is key to personal and professional growth in dispute resolution. Reflecting on past cases, identifying successes and areas for improvement, and seeking feedback from all involved parties are all invaluable practices. By continually improving our skills and competencies, we can contribute to a more harmonious work environment and proactively prevent future disputes.