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Dispute resolution
Dispute resolution is the means and was through which people resolve their differences. It also applies to nations and their internal governing bodies. There are various ways of resolving disputes, such as arbitration, litigation, collaborative law, and litigation (Singer pg.45). There are also resolution strategies that can be used to determine a dispute about whether there is an understanding or not. Some of the many strategies include and are not limited to, consideration of interests, indirect confrontation, fostering rapport, and appealing to overarching values. There have been, and still, there are different disputes in every nation in the world internally or externally. The differences have not been limited and have expanded beyond borders as a country grow and flex their muscles in this error of exponential economic growth, especially in superpower countries. Some of the conflicts have existed for ages while others erupt depending on matters such as security, especially cybersecurity and business.
The trade war between China and U.S is an example of a dispute that requires approach by different strategies because it involves two nations with economic might trying to subdue the other into doing their bidding (Li pg.70-100). The United States, by extension, has banned us government officials from purchasing Huawei products because they feel the company is using their devices to spy on the United States. Huawei is a Chinese company, and in Chinese law, companies are required to help the government on matters of security it doesn’t mean the inclusivity of spying on other countries. The company feels that United States government is not being fair on it and to resolve the conflict the company moved to court to try and make the American government lift the ban it has put on its products. It isn’t the first time that the ban has been put on products produced by the company and on previous occasion’s arbitration between the company officials and the American government shielded fruits and the ban lifted.
The trade war has generated varied opinions from the public with people calling a quick resolution to the standoff due to the effects it has on people, especially businesspeople who export or import products from China. Another issue raised tensions is the detaining of Canadian citizens in China without valid reasons for their detention issued. The Chinese government could have acted in a much-civilized manner and inform the Canadian government of the problem the three presented and handed over to the Canadian government instead of detaining them in China. U.S government recently increased the tax on goods that were being imported from China sparking retaliatory measure from the Chinese government, which did the same by increasing tariffs on American products imported to China(Li pg.70-120).
Increasing taxes has not brought fruition instead the two heads of state could have met and mediated on the matter and come up with an amicable solution to the trade war that is affecting trade in both of the countries. The online community has also not been left behind with people offering varied opinions on the matter, offering resolutions to the conflict. The trade wars they argue can just last as long, and it’s only a matter of time before the war ends and business resume as usual. In conflict resolution, it is essential not to take things personally. The American government feels that some policies of the Chinese government mimic their own and are seen to be aiming at being regional leaders. This is a hindrance to the arbitration process because both countries have engaged in bitter exchange of bans and sanctions to get back at each other, and every action is towards making the other party suffer more without considering the effects that the war has on third parties who do not subscribe to this means of settling scores (Menkel pg.55-75)). Both parties do not want to separate themselves from the conflict, and it is hard to accept other ideas because they do not want to compromise their views or standpoints. Taking things bit by bit makes it a lot easier when settling disputes because the parties are flexible and are open to other suggestions and it is easier to accept compromise or a solution reached through engaging in a collaborated effort.
The private sector has also been affected by the trade wars because of an increase in taxes. When there is a trade war between the two countries, those who suffer are the people who invested in the various companies affected by the trade wars. To create a pleasant business atmosphere, the two governments should resolve their disputes by looking at means and ways in which there can be a win situation for both of the countries by advancing each other’s interests in their respective countries. If the tensions continue to rise without a resolution found, it can lead to instability in other countries that neighbor or are allies to each given country. Mediation has also been used to try and find a solution to the ongoing trade war. People from different countries have tried talking to both the president of America and the president of China to end the trade wars and focus on ways they can mutually exist in the future. There is no way around escaping China, and there is a need to find long-term solutions that will help in controlling what kind of trade each government agency does (Lovan pg.55). A lasting solution is essential because this is countries that are dependent on each other on various things and require a working relationship to enhance trade.
Each country has representatives who represent the various departments such as trade. The representatives have been in a war of words with each side predicting that their country will win the trade war. Instead of competing who will win and who will not the representatives of each state should facilitate the resolution of the dispute and not fuel it by providing unnecessary forecasts in defense of their countries. Maintaining an affirmative position and failing to bulge only creates more problems for each country and the neighbors around it because as allies of the different nations, other countries can join in the trade war. The two countries in a show of interest to solve the dispute, the heads of state will meet at the G20 summit to try and talk to find ways in which they can end the conflict (Woolcock pg.35).
Solutions to disputes for countries such as China and America need to be a long lasting dispute, or else there will be confrontations in the future. Stringent measures such as coming up with investment treaty with China to end the trade war because it has had effects on different parts of the economy in both countries, and in others as it threatens to spill over the longer it goes on. As the situation suggests, it is essential to note the importance of having dispute resolution strategies and the willingness of people to come together for the greater good to solve issues affecting them to save others from the effects of a problem. The situation presents a unique insight into how various approaches of dispute resolution mainly peaceful means where it offers solutions that are acceptable by both parties in considerations of their interests.
Another way that the countries can end the trade war is by having an umbrella agreement where each state gets whatever it needs but on a controlled basis based on the agreed-upon parameters (Savaresi pg.85 ). It will make it easier when they want to deal with changes because the agreements are not permanent based on the ever-changing business environment. A temporary solution is effective in dealing with risk mitigation associated with continuing the war without a long term solution in sight. Dispute resolution is an essential aspect because disputes arise all the time around us and externally. Learning how to deals with differences can come in handy in different situations to reduce risks, which always leads to casualties.
Self-reflection
Resolution of disputes requires excellent negotiation skills we using methods such as mediation or arbitration. It should not only be about talking and trying to convince someone to end an argument without analyzing what started the conflict and the state of mind of both individuals who are involved in the battle. Countries where there are disputes such as civil war many people engage in combat due to frustration with leadership and another issue. As an expert in dispute resolution talking to that large number of people to determine what they need to do is hard, and sometimes it ends up in a stalemate due to the nature and the number of people involved in the dispute. Solving such issue needs finding the root cause and establishing ways to manage it and what the impact will be on people.
Having learned the many ways of resolving disputes, sometimes the outcome of trying to resolve a dispute through negotiations is not always achieved, and the issues sometimes end up escalating creating another problem. The world has a myriad of problems, some of them being corruption that threatens to bring down economies, especially in developing countries where there is little accountability, and leaders do not take responsibility for their actions. These problems threaten problem-solving because even a neutral party can be manipulated and be in favor of where their allegiance is. In such cases, it is vital to have thought out laws and regulations that govern dispute resolution and an independent body established where there is resolution without the interference of other parties. As a person I have noted that not all disputes can be resolved despite the efforts taken to resolve such conflicts it, therefore, needs critical thinking and thorough evaluation to think about new ways of resolving disputes such as psychological analysis of those in conflict, economic factors, social factors and political factors that affect people and deeply understand how eradicating this issues affecting them can be eliminated to solve whatever dispute they have.
Many of the people who engage in dispute resolution are not professionals who know how to deal with such issues. They rely on an instinctual drive to help in solving disputes. Sometimes an excellent and in-depth knowledge about dispute resolution is paramount in resolving a problem; having a blanket knowledge does not help. Looking around the world and in my country despite there being people who are professionally qualified to handle disputes, mostly it is the law that is relied on to resolve dispute even when some cases do not need intervention by the law. Forming institutions that can help in informally solving disputes comprised of the people who are in conflict and also informing the public on the very many ways that differences can be addressed instead of the usual three; litigation, arbitration, and mediation that are commonly known to the people.
Dispute resolution skills can be learned in classrooms and also the outside world because as we approach real-life situations, it might be different from that which we encounter outside the world. Conflicts are diverse, and people in this era have internal conflicts, also dealing with multiple issues in their lives, making them resort to different measures to feel okay. It is an area that needs exploration because it will help in resolving disputes between individuals making it another dispute resolution strategy that might prove useful. Before a disagreement erupts there is always something that fuelled the controversy .in the course of learning dispute resolution; it is crucial to have emotional balance and have an upright mind and learn about the weaknesses of each party in conflict sometimes using those weaknesses might help in solving a dispute. Arbitration for dispute is overrated because mostly it is the weaker party that bows to pressure and decides to back down without an amicable solution being found to deal with the problem. It leaves resentment which might sprout and lead to another conflict and sometimes of a more significant magnitude than the previous. Evaluating a situation in-depth is an invaluable lesson I have learned in this course because it will help identify the best method of resolution to use instead of randomly choosing a resolution strategy before knowing the root cause of the problem and making blind decisions on what and what not to do. Some of the challenges are the limitations to knowledge involved in conflict resolution with a focus based on the problem rather than also looking at the individual’s contribution to the problem.
Works cited
Li, Chunding, Chuantian He, and Chuangwei Lin. “Economic Impacts of the Possible China-US Trade War.” Emerging Markets Finance and Trade 54.7 (2018): 1557-1577
Sternlight, Jean R., et al. “Dispute Resolution: Beyond the Adversarial Model.” (2010).
Savaresi, Annalisa. “The Paris Agreement: a new beginning?.” Journal of Energy & Natural Resources Law 34.1 (2016): 16-26.
Singer, Linda. Settling disputes: Conflict resolution in business, families, and the legal system. Routledge, 2018.
Woolcock, Stephen, and Nicholas Bayne. “What is economic diplomacy?.” The New Economic Diplomacy. Routledge, 2016. 21-34.