Dispute plays a huge role not only in human life, but also in science, as well as in public and government affairs. Can serious decisions be made without discussion and conflict of different points of view? We can observe especially heated debates in issues of a political and social nature. Of course, there are a huge number of things in the world that are obvious. For example, there is no need to prove axioms in mathematics. But in everyday life, people often encounter various difficulties in which they simply need to defend their point of view.
These are various controversies that arose during the production or judicial process, as well as many other cases. In order to defend his opinion, a person has to not only prove, but also document and justify his opinions. It is especially important to have this skill for a professional lawyer who, in the course of his work, conducts various types of disputes.
Definition of the concept
A dispute is a clash of positions and opinions, in which each side provides arguments that allow it to defend its own understanding of the problem under discussion. At the same time, the participants in this process are trying to refute the arguments that their opponents have.
Argument is a very important means of human communication. With its help, issues that cause certain disagreements are clarified and resolved. In addition, the dispute allows us to achieve a better understanding of those things that are not clear enough and do not find a convincing justification. But even if, at the end of such a clash of opinions, the parties do not come to an agreement, they still more deeply understand both their own positions and the arguments of their opponents. In this case, such communication serves as an excellent means for exchanging ideas.
In Russian there are three meanings of the word “dispute”:
- A verbal competition in which each opponent defends their positions and opinions.
- Mutual claims put forward to own something. As a rule, their solution is carried out by court, negotiations, war, etc.
- A synonym for the concepts of “rivalry”, “combat”, “competition”, “duel”. At the same time, the search for truth occurs only during verbal battles.
Dispute and its types
The disputing parties bring evidence, arguments, tricks, elements of rhetoric to arrive at a result: to find an answer, to obtain the desired turn of events, or to gain the appearance of victory. The choice of methods for conducting a controversial argument depends on the final goal. There are disputes for finding truth, for persuasion, for victory, sports and games.
The theory of dispute was created by the ancient Greek philosopher Aristotle. He also distinguished the types:
Dialectics. When disputants find out the truth using logic, the correct arrangement of arguments. Sophistry. Rightness is achieved with the help of correct and incorrect evidence: substitutions, mistakes, tricks. Eristics. The idea is proven by dishonest methods and at any cost.
The philosophical book “The Art of Victory” has a slightly different attitude towards the Aristotelian classification. In Schopenhauer, eristics are based on competently convincing others that one is right. This is an art in which the goal is intellectual victory.
Types of disputes that use correct techniques:
A dispute in order to jointly discover the truth or clarify the grounds for accepting or rejecting an idea is called a discussion, disputation or discussion. Experience in conducting such disputes allows one to learn to recognize and not support disputes that do not bring knowledge or demagogic. Polemics are a “militant” belief. In any case, aimed at affirming precisely one’s point of view and completely refuting another.
Questionable dispute methods are used:
In an eclectic dispute, which implies a search for truth, but using any methods for this. In a sophistic confrontation. The meaning is to defeat, and not to find out the truth.
It is interesting that it is possible to prove that you are right logically, but not to convince. This happens if arguments that are difficult to understand are chosen, and the way of conveying them is not appropriate to the public (speech, manners, uncertainty in behavior). As well as vice versa - you can convince with emotional and psychological methods of influence, but not through argumentation.
Opinion exchange
As for this means of human communication, it can hardly be called a dispute. This is just a prelude. In this case, the opposing sides only state their claims and positions. In addition, both sides study and take into account the opinions of their opponents. Only after this does the dispute begin. Sometimes the parties take a kind of time-out. This is the time when, in the silence of the office, the presented topic is studied in depth, all the weaknesses and strengths of opponents are determined, and one’s own position is corrected.
Only after such a necessary and very fruitful stage does the dispute turn out to be more effective and constructive. It is no longer that pointless chatter when the essence of the issue is not understood by either side. The exchange of views also influences further discussions and negotiations. That is why careful preparation in this case is simply necessary.
Debate
This is another form of arguing. It is a collective, formalized and organized discussion of a particular topic. The purpose of the debate is to make a concrete decision. These types of disputes are conducted according to a certain rule. In this case, the rules, the chairman of the meeting, the sequence and order of speeches are integral. The most striking example of this type of dispute can be called judicial debate. Such discussions can take place with varying intensity, severity and degree of tension. The gradation in this case begins from the sluggish exchange of opinions present at the morning planning meeting to the fight in parliament.
Negotiation
Such verbal competitions are not only an argument. They represent events during which existing contradictions are resolved. The main goals of such disputes are to find solutions acceptable to all parties involved. Only compromise, consensus or a “common denominator” will allow opponents to reach the desired agreement. During the negotiation process, opinions are exchanged and debates are carried out. However, other ways are possible to achieve the desired result. These are requests and persuasion, promises, blackmail and threats, deception, etc. The result of negotiations is the signing of an agreement, a summary, or (as a last resort) the achievement of oral agreements. In the absence of concrete decisions, negotiations are considered failed.
Types of dispute.
Constructive and destructive.
The first type of dispute is creating, the second is destructive. This is the main difference. As a result of constructive dialogue, the interlocutors come to the same point of view and use fair methods of struggle.
A destructive appearance gives rise to quarrels, accusations, insults and even fights. During such communication, politeness and logic are not observed. Participants in such a skirmish are aimed at winning their opinion, so they ignore the views of their opponent, even if they are weightily reasoned.
Oral and written/printed.
The oral type includes conversations in real time. They can be public, group, private. Their main advantages are speed, openness, independence from conditions, and expressiveness. Written communications include correspondence via paper letters, mobile messages, and Internet chats. To implement them you will need gadgets or writing instruments. They are less emotional. The advantages of printed disputes include the following:
- think about every line;
- edit the text, correct typos before sending so that the opponent does not know about the errors;
- attach evidence-facts - links to authoritative articles, laws, images, video and audio recordings;
- use messages—your own and those of your interlocutor—to prove that some remark actually occurred during the conversation;
- do not openly show your own emotions so that your opponent does not take advantage of it.
Organized and spontaneous.
The first type of dispute is of a contractual nature. Participants agree on a meeting indicating the exact date, time, and place. They get the opportunity to plan their speeches in advance, think through the pros and cons of their own scheme, and prepare mentally.
Spontaneous discussions are spontaneous. For their occurrence, an unexpected reason is required, which arises under the influence of external conditions or the words of the interlocutor. Such conversations better than others demonstrate the ability to argue, oratory, richness of speech, breadth of outlook and knowledge.
Thematic.
The varieties of these conversations are determined by the subject of discussion, which can be:
- philosophical;
- political;
- personal;
- artistic;
- social;
- ethical;
- scientific;
- religious.
Each of these topics includes thousands of subsections. As a rule, rivals discuss no more than two problems at a time - both the main global ones and narrower subtopics.
Aimed at a specific goal.
Types of tasks that disputants set for themselves:
- defeat an opponent;
- find the truth;
- convince your interlocutor;
- peacefully resolve the conflict;
- argue for the sake of the process itself.
The last point can be interpreted in two ways. Such a desire may indicate a desire to piss off the opponent, to enjoy his breakdown. This is a negative aspect. Positive implies a love of psychological tricks, enjoyment of correct verbal competition. For a person of this type, arguing is a true art without any negativity.
In order for the discussion to be considered fruitful, you will have to memorize several rules.
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Discussion
Such a debate is carried out on a specific topic or issue. In this case, the main goal of the discussion is to achieve agreement or determine the truth. These types of disputes are not limited by spatial or temporal boundaries, regulations, circle of participants, etc. The only constant component of discussions is the topic. Moreover, this verbal competition is not so much an argument as it is the research necessary to find the truth. That is why it does not matter which of the participants in this dispute defends their point of view. The main thing is that a specific result is obtained.
Good offices and mediation
When a controversial situation arises between states that do not have official relations with each other, the disputing states may turn to third states with a request to provide assistance in the form of good offices or mediation. Or third states themselves may offer to provide good offices.
Good offices are aimed at establishing direct contacts between conflicting parties.
Mediation – aims to establish direct contacts between conflicting states, while the degree of participation of a third state is higher than with good offices. The third state makes various proposals to resolve the situation or dispute. However, the intermediary's proposals are not binding. The parties themselves decide whether or not to listen to the advice of a third state. Also, the mediator cannot assist one party to the detriment of the other.
Controversy
Very often this type of dispute is compared to a discussion. However, this is not quite true. The main goal of controversy is to achieve victory. That is why such a dispute is characterized by aggressiveness, intransigence of the parties, as well as ignoring all the rules that allow for a constructive dialogue. In addition, polemics, compared to discussion, have a great variety of tactics and methods of behavior.
Anyone can participate in such disputes. Moreover, you can join them at any time and anywhere. Sometimes the same issue is discussed even by people who do not know, hear or see each other. Sometimes the parties taking part in the controversy do not even understand the topic being raised. That is why it should not be surprising that controversy on some issues continues for centuries.
General information about the dispute
About evidence
Before talking about the dispute and its features, it is necessary to familiarize yourself with the evidence at least in the most general terms. After all, a dispute consists of evidence. One proves that such and such a thought is correct, the other proves that it is wrong.
The proof is constructed according to the following scheme:
1. Clarifying the Thesis
proof.
A thesis is the main idea to justify the truth or falsity of which the proof is actually built. Therefore, the first requirement in preparing for a serious debate is to clarify the controversial idea itself, to clarify the thesis. Three necessary and sufficient points when clarifying a thesis: a) Clarification of all unclear concepts
included in it.
If the meaning of a word in a thesis is not entirely clear and distinct, then it is necessary to “define” this “word” or concept. In practice, there are two means for this: 1) formulate the definition of the concept yourself; 2) use ready-made definitions. The second method is more preferable. You can use an encyclopedia or other scientific literature as a source of definition. You should not trust what you “read about it once”; definitions should be memorized wisely. It should be remembered that the same concept can have several definitions. b) Clarification of the thesis “by quantity”
.
For clarity and distinctness of thinking, you need to know whether we are talking about just one object, or about all objects of a given class without exception, or not about all, but about some (most, many, almost all, several, etc.). Sometimes you have to find out whether the attribute that is attributed to it is always characteristic of an object, or not always. Without this, the thought is also often unclear. Where the "quantity" of a thesis is unclear, the thesis is called indeterminate in quantity
.
c) Clarification of the modality
of the thesis. Next, we need to determine what kind of judgment we consider the thesis to be:
- undoubtedly true;
- reliable;
- undoubtedly false;
- probable to a greater or lesser extent;
- very probable, simply probable, etc.
Or does the thesis being refuted seem only possible
: there are no arguments for it, but there are no arguments against it either. Depending on all this, various methods of proof have to be given. It is believed that time spent figuring things out always pays off.
2. Preparing arguments
.
To prove the truth or falsity of the thesis, we provide other thoughts, the so-called arguments or grounds of evidence.
These should be thoughts that: a) We consider true not only ourselves, but also the person or people to whom we prove it; b) From which it follows that the thesis is true or false. 3. Proof
.
During the proof, each thesis, as well as each important argument proving it, must be considered separately.
This work allows you to avoid a lot of mistakes and significant time spent during preparation. 4. Most common mistakes
in evidence can be divided into three types:
a) Errors in the thesis
.
- Deviation from the thesis
- When, by proving one thesis, we have proven or are proving another. - Substitution of thesis
- The prover deliberately replaces one thesis with another. Usually it occurs when the prover sees that he cannot defend or prove the thesis and deliberately replaces it with another so that the opponent does not notice. - Loss of thesis
- The prover forgot his thesis.
b) Errors in arguments
.
- A false argument
is when the prover relies on a clearly false idea. - An arbitrary argument
is when the argument used, although not obviously false, itself requires proper proof.
c) Errors in the “connection”
between the grounds and the thesis (
“in the reasoning”
). They arise when the thesis does not follow, does not follow from the evidence, or their connection is not visible. For errors in reasoning, see the article Logical errors.
Types of dispute
- Constructive, or discussion
- Destructive
- Oral
- Writing
- Organized
- Spontaneous
- Debate
- Controversy
Logical tact and manner of arguing
In relation to the arguments of the opponent, a good debater must avoid two extremes:
- he should not persist when either the opponent’s argument is obvious or clearly proven correctly;
- he should not agree too easily with the opponent’s argument if this argument seems correct to him.
To persist if the opponent’s argument is immediately “obvious” or proven beyond doubt is inappropriate and harmful for the arguer. It is clear that a person rarely has enough courage, honesty and love of truth to admit to a mistake.
However, if the dispute is important and serious, it is a mistake to accept the opponent’s arguments without the most vigilant caution. It often happens that the enemy’s argument seems very convincing and irrefutable to us at first, but then, after thinking carefully, we are convinced that it is arbitrary or even false. Sometimes the awareness of this comes during an argument. But the argument has already been accepted, and we have to “take back consent to it” - which always makes an unfavorable impression on the listeners and can be used to our detriment, especially by a dishonest, arrogant opponent. Therefore, the more serious the dispute, the higher our caution and demandingness should be in order to agree with the opponent’s arguments. The measure of this exactingness and caution for each individual case is “common sense” and a special “logical tact”. They help to decide whether a given argument is obviously reliable and does not require further verification or whether it is better to wait to agree to it. If an argument seems very convincing to us and we cannot find any objections to it, but prudence still requires us to postpone agreement with it and first think about it better, then we usually resort to three methods to get out of the difficulty.
- The most direct and honest is conditional acceptance of the argument. “I accept your argument conditionally. Let's assume for now that it is true. What other arguments do you want to make?” With such a conditional argument, the thesis can only be proven conditionally: if this argument is true, then the thesis is true.
- The most common technique is to declare an argument arbitrary. We demand proof of it from the enemy, despite the fact that the argument seems reliable to us.
- Delaying an answer.
Starting to get personal and trying to offend your interlocutor means losing the argument.
Debate
These types of disputes include public verbal competitions on the most pressing topics for society. The place and time of the debates are announced in advance. The main goal of such debates is to persuade more people to a certain point of view. At the same time, they do not search for truth during debates. If it is not possible to increase the number of one’s supporters, then such disputes are used to raise the speaker’s ratings or his image. This task is solved by convincing the audience about a particular issue. For example, in judicial debates these are the jury and the judge. There is no need to convince each other of anything in such disputes.
Often, during debates, an uncompromising, bitter struggle unfolds. At the same time, there is intrigue, as in a sports competition, entertainment, as in a theatrical production, and some such disputes can sometimes be compared to a real show. The results of such events are sometimes quite paradoxical. Those participants who lost the dispute often significantly increased the number of their supporters, that is, they achieved their goal. That is why, when conducting debates, knowledge of the subject and eloquence, mastery of rhetoric and the ability to captivate the audience are put in the first place.
Current system for aggravating disputes
As you know, the Aliexpress platform does not sell goods itself, but acts as an intermediary between sellers and clients. Until the transaction is closed, the money is in the company’s accounts, and in controversial cases, it is the company that takes on the functions of an arbitrator. It is important to understand that mediators have a lot of work, and they make their decisions based on the information that is at their disposal at the time the dispute escalates. Therefore, if you and the store cannot come to a compromise, be sure to prepare evidence of your case and do not forget to upload it to the dispute form. Later you may not have this opportunity.
You can read how to open a dispute correctly. Let's say you have already opened it and are negotiating with the seller. For example, the phone you bought does not work properly, and you want to get your money back for it, while keeping the purchase. Pay attention to the timer, which shows how many days after your dispute will be processed by Aliexpress.
Typically this period is a week. For 7 days, you and your opponent can make proposals to each other to resolve the conflict, in essence, bargain. Having received an option from the store that does not suit you, you must reject it and, if desired, create a counter one.
Be careful! If you click the “Accept” button, the dispute will end and the transaction will be considered completed. In this case, you can no longer count on a refund.
In our example, the seller does not agree with the claims and believes that the product was sent in working condition. His decision is that there will be no return. At this stage you have 3 options:
- Click the “Reject” button and wait for the mediators to join the dispute.
- Continue the dialogue if time permits. To do this, click “Reject”, then “Change” - edit your proposal.
- Add another solution option (button “Add a decision to return goods and funds”) so that the seller has a choice.
The second party, in turn, can also make you several offers. It is not necessary to agree with them: if you are not satisfied, reject them and wait for arbitration. As soon as the set date arrives, the decision will pass into the hands of the administration.
The entire dialogue with the seller is conducted in the dispute interface, but it will not be available to Aliexpress administrators. If the correspondence contains important information, for example, the seller admitted his guilt, be sure to take a screenshot and attach it as evidence.
Procedure and terms for consideration of an aggravated dispute
As soon as the dispute on Aliexpress escalates, the parties to the conflict can only wait for the verdict. The dispute takes the appropriate status.
How long does this stage last? The approximate time period for a decision on a transaction is set at a week, but in practice it can fluctuate both less and more. If the situation is simple and clear, for example, the client did not receive his package, the return can be approved literally in a matter of hours.
If the administration offers to wait a few days in the hope that the order will still reach the recipient, it does not matter what end date of negotiations is in the description of the dispute. The deal will not be closed automatically on this day; the dispute will continue as usual.
Complex conflicts often drag on for several weeks as opponents begin to change their proposals and upload more and more evidence. In addition, according to the new rules, the verdict of the mediators is not final and irrevocable - the parties have the right to disagree, and the process begins anew. A solution from Aliexpress appears in the dispute interface.
In our case, it is half-hearted: the buyer can keep the product and receive a refund of half its cost. Who needs a broken phone? It is logical that if the dispute does not end there, the person will seek a 100% refund. However, before rejecting the offer, you need to look at the details - go to “Aliexpress Solution Details”.
As you can see, mediators recognize the validity of the claims, but consider only 2 options: either the client receives half the money, or the entire amount, while sending the item back at his own expense. In this case, if the buyer decides to take his part of the money outright, he must accept the offer. If you refuse, the decision will change to an alternative. The parties have 4 days to “think about it”.
Interesting article: The whole truth about order protection on Aliexpress
Let's say you agree and click "Accept". Aliexpress warns that it will be impossible to cancel this action. To confirm, click the “Submit” button.
For the decision to come into force, the seller's consent is also required. If the opponent accepts this offer, the specified amount will be returned to the buyer in the same way he paid it, within 1 to 15 days. However, the store may not be satisfied with this option, then the dispute will again be dealt with by mediators. The reconsideration is unlikely to last long: Aliexpress will choose one of the previously indicated solutions and forcefully close the dispute.
Economic disputes
In addition to all the above conflict situations, there are a huge number of those that are regulated by legal norms. They are considered legal. Let us consider the types of legal disputes in more detail.
Sometimes various disagreements arise between subjects of industrial relations. They are related to the rights and obligations of the parties in the sphere of economic relations. They are quite extensive. However, based on the definition, the classification of types of economic disputes also includes labor disputes. This is explained by the fact that they are included in the concept of industrial relations.
The concept and types of economic disputes are closely related not only to administrative, but also to other legal relations. However, the bulk of them are still disagreements of a civil nature. And most often they relate to contradictions that arise in the field of entrepreneurship.
What types of economic disputes exist? Such disagreements are divided into:
- Negotiable. These are types of disputes relating to the rights and obligations that a business entity has in accordance with the concluded agreement. In the economic sphere, such disagreements are especially common.
- Pre-contractual. Such disputes are related to the conclusion of an agreement or the writing of its contents. Such disagreements arise very rarely and occur only in cases where signing an agreement is a mandatory condition for one of the parties. Only in such cases the dispute is resolved by the jurisdictional authorities.
- Non-contractual. These are disagreements that may arise between business entities regarding violations of property rights, damage to property and damage to business reputation.
Psychological tricks that are used in a dispute.
You can learn to defend your opinion with the help of psychological suggestion. Without using argumentation. These techniques do not introduce any reasonable connection between statements, but they help to out-argue a person. A strange combination of phrases forces the enemy to temporarily turn off attention - turn to internal resources, maybe even fall into a light trance state. To do this, we have prepared 8 tricks that will help you understand how to win an argument:
1. How to win any argument using scientific terms . Special terminology in speech complicates the understanding of the expressed thoughts and slows down the reaction of the answer. Attaches importance to the topic under discussion and brings the discussion to the level of scientific theory. The enemy must “reach” the established level of knowledge, but it is rarely possible to quickly navigate. The person avoids questions and becomes embarrassed. Or he agrees with the opponent’s opinion as more competent.
2. How to learn to defend your opinion using tricks. One of the tricks is the use of the logical connective “or”, meaning the choice of one of the proposed alternatives. Any premises or meanings are inserted into the matrix of the question with “or”.
- A formulated question may falsely impute to a person something that he did not literally assert, but those around him drew a conclusion in their own way (they took the situation to an extreme).
- You can learn to argue using two different but related “issues” as opposites – mutually exclusive. For example, “Do you want to take your own initiative in business or would it be better to use ready-made resources?”
- Choosing one answer or another automatically excludes part of the information sphere, which provides an extensive “field” for searching for a counterargument. “Are we going to decide the effectiveness of the drug, or talk about the placebo effect?”
3. Speeding up the rate of speech. An accelerated pace of speech excludes complete, adequate perception and understanding of information. It is impossible to give a quick answer or come up with a logical objection.
4. Unnecessary details, going into specific examples, details. This will tell experienced people how to win an argument. Having experience and a steady focus on the essence of the issue is the most powerful weapon. To confuse the enemy, give more specifics and cite past situations. Combine situations under your own reasoning, reinforcing your personal opinion. It is especially effective if a person has no knowledge other than book knowledge.
5. How to win an argument by appealing to shame. Use generally accepted scientific principles and facts as an argument. At the same time, add an emotional component - surprise. For example, “how can you not know this?” Sometimes, in order to defend their opinion, they pretend as if everyone gathered has known the information for a long time.
6. Resentment, self-irony, indignation - a method of saying no and defending your opinion without losing influence and prestige. You can get away from reasonable argumentation by reacting to your opponent’s question, for example, with a feeling of injustice: “I’m sorry, but I cannot accept this from my personal convictions,” “This is logical, but does not fit into the framework of my personal experience,” “What you are saying is unacceptable!” , “oh, I thought...”
7. How to win an argument by appealing to the feeling of fear - fear is an undesirable emotion, and a threat to freedom and human life provokes a sharp rejection of previous beliefs. To cause fear, cite negative cases, describe possible risks, deterioration in “colorful” words. To argue correctly in this vein, support your opinion with real-life examples that convey horror.
8 valuable tips and techniques for manipulating people
8. How to win an argument by increasing your opponent’s sense of expectation. Reception – slow issuance of response information and arguments. Responses to the opponent’s statements are laconic, with a pause. The opponent rushes to fill the pauses, increasing speech activity, giving out a bunch of details. From what has been said, he can choose what he needs to create a contradiction. Some tips on how to manipulate people using emotions
Labor disputes
An employee of any organization can protect his rights, freedoms and legitimate interests. However, sometimes disagreements may arise between him and his employer. What is the concept and types of labor disputes in our country? All these points are reflected in the Constitution and labor legislation of Russia. Regulatory acts also contain ways to resolve such conflicts, including the right to strike.
So, let's look at the concept and types of labor disputes. First of all, let's find out what this term means. A labor dispute is understood as a disagreement arising between an employee (workers) and an employer (his representatives). Issues of such disagreements relate to the regulation of labor relations and are resolved by special legal bodies. In this case, a dispute is understood as a different assessment of the situation by two parties. The cause of such a conflict is labor violations. In some cases, this is a common misconception, suggesting that there are deviations from the law.
What types of labor disputes are there? There are many of them, and they are all classified on different grounds. Thus, there are types of labor disputes that indicate the disputing parties. In this group they are:
- individual, affecting the interests of individual employees;
- collective, in which all employees or individual divisions of the enterprise are involved.
Classification of types of disputes in the labor sphere is also carried out according to the legal relations from which they arise. Such disagreements include:
- labor disputes arising from violations of labor relations (non-payment of wages, illegal dismissal, etc.);
- disputes, the origin of which was illegal actions that are directly related to labor (illegal deductions from wages, non-payment of sick leave, etc.).
Disagreements between the employer and employees are classified according to their nature. It can be:
- disputes regarding the application of regulatory provisions of legislative acts relating to the world of labor;
- disagreements about changing or establishing conditions existing in the workplace.
The subject of the dispute is distinguished:
- disagreements regarding the recognition of a right that is violated by the other party;
- disagreements about damages and awards.
According to the method of resolution, labor disputes are divided into:
- claims;
- unclaimed.
The first of these two debates is largely individual. They relate to situations where an employee seeks recognition or restoration of one or another right. In other words, he is suing. To resolve such disagreements, labor dispute commissions are created. These issues are also considered by higher-level organizations.
Non-claim disputes are usually collective. They mainly arise when new working conditions are established or existing working conditions are changed.
Allow your interlocutor to save face in an argument
The basis of the dispute is the objection. In any case, when the dispute did not turn into a squabble. Most often, it is with an objection that the dispute begins.
As soon as a person sees an objection, he must decide how to proceed. You can immediately turn the dialogue into a dispute and present your own argumentation. Another option is to use the objection for your own purposes, a non-linear impact. Each objection has its own reason, which the communicator must find out.
- lack of necessary information;
- conflict between the reconstructed picture of the world and reality;
- unwillingness to lose position in a dispute;
- other personal reasons.
If an opponent insists on his opinion, if he is firmly convinced of it, then it will be quite difficult for him to deviate from his views. In the heat of conflict, he will use all possible methods to emerge victorious. The basis of this behavior is the fear of losing face, the unwillingness to realize that one is wrong.
You can take the dispute to another plane. But to do this, the communicator must understand why the objection arose and what caused it. The rules for conducting a dispute state that a competent discussion can not only convey a different opinion to the interlocutor, but also save him from the need to fight with all his might.
An experienced communicator can help the other person pay attention to another point of view
If you correctly analyze the origin of objections, you can help your opponent maintain the status quo. This way the communicator will be sure that further business communication will not stop because of one dispute. And the result of the controversy will be a skillful change in the opponent’s opinion for one’s own purposes.
For an objection to disappear, it is necessary to determine the cause of its occurrence and eliminate it. If the reason for the objection lies in the lack of information, then simply provide it to the interlocutor.
– I understand your point of view, but pay attention to the facts that you were not aware of. Also, effective rules of dispute help to reach an agreement if the communicator identifies errors in the opponent’s views on his own
Also, effective rules of dispute help to reach an agreement if the communicator independently identifies errors in the opponent’s views.
“I would also come to this opinion if exposed to similar circumstances.”
Or:
– At first I thought so too, but after receiving more information my opinion changed.
Another way to avoid destructive controversy involves showing your opponent an acceptable way out of the dispute that will not affect his reputation and the status quo. First, you need to study in detail all the features of your interlocutor’s opinion and identify points of tension. Then just show him how to leave the argument without losing face. This method uses all of the above rules, but it can help get out of a crisis situation with minimal losses for both parties.
Civil disputes
Various conflict situations often arise between individuals or legal entities. Such disputes are classified as civil if they are regulated by the Civil Code of the Russian Federation or other rules of a civil law nature. Most often, such disagreements are related to the right of ownership of real or movable property. Intellectual property is also sometimes a reason for litigation.
What types of civil disputes are there? The most common conflict situations are:
- disputes over rights to property (real and movable);
- debt collection conflicts;
- disagreements regarding the parties' compensation for damages;
- disputes concerning the precise determination of legal liability;
- disagreements regarding transactions, termination of recognition and other actions.
Administrative disputes
The most difficult conflicts for the judiciary to resolve are between legal entities, government agencies, and citizens. These disputes, which are of a public law nature, are classified as administrative. The reason for their occurrence is the various relationships of legal entities and individuals with bodies representing the executive branch. Cases of administrative offenses include those that relate to:
- traffic violations;
- non-compliance with voting rights;
- harm to the environment;
- non-compliance with the standards existing in construction, energy, industry, business, the securities market, customs, etc.
In other words, the areas in which the legislation on administrative liability is applied are very extensive. That is why, in order to resolve conflict situations that have arisen in this case, knowledge in a variety of areas of law will be required.
What types of administrative disputes are there? If conflict situations arise with authorities, they are divided into:
- those related to appealing decisions on sentences imposed;
- disputes about the invalidity of non-normative acts adopted by government bodies.
Most often, such conflicts are resolved in arbitration. It is a completely legal mechanism created to resolve various disputes outside the courts. During the consideration of such cases, the parties who do not reach a consensus delegate the decision on their case to either one or several people. After a verdict is rendered, the parties are obligated to comply with it.
What types of arbitration disputes are there? They are classified into:
- debt collection;
- disputes regarding payment of taxes;
- consideration of bankruptcy proceedings;
- corporate disputes;
- conflict situations related to the property of enterprises.
How to teach a child to defend his opinion?
How to find out if your child can defend his opinion? Try an experiment at home. Gather a group of children and hand out cakes to everyone. Salt one of the cakes; deliberately serve the salty treat to the person you are watching. After the children start eating the treat, ask if it tastes good? Most of those who have eaten sweet cakes will say yes. Will a child who received salty food be able to say the same thing? Most likely yes. As long as the child communicates with others, he adheres to the majority opinion. A child should not be scolded for wanting to be like everyone else. Young children have experienced little in life and are learning self-identification. They don’t know how to say no and defend their opinion.
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Very often, adults themselves adhere to the side of the majority and cannot easily say no. Sometimes it’s also difficult to defend your opinion. If the skills to win an argument, such as aggressiveness and criticality, are weak. Then a person prefers to simply compare thoughts and perceptions by looking at others.
Maintain trusting contact with your child at any stage of his development. Try not to limit children’s curiosity with a negative emotional reaction (anger for asking, for example, “why don’t you love Aunt Masha?”) Meaningful silence if the answer implies details of adult life.
The feeling of curiosity is the main motivation for knowledge. A child learns to have his own opinion and defend it when he reads a lot and talks out loud with his parents. But it’s worth giving away too much serious knowledge about life in measured doses. You should also not put pressure on a child as an adult if he is being excessively stubborn.
To teach your child to stand up for his opinion, let him choose for himself. For example, “What will you eat porridge or scrambled eggs?” Do not push your child to make a choice by referring to the authority of the majority “all other children eat porridge in the morning.” But you can, for example, push him to make a choice if the child does not fully understand what he wants. Or he doesn’t see the advantages of one or the other. For example, “the porridge is already ready,” or “you can add honey to the porridge”
Teach your child not only to give a more or less “common” answer, but also motivate him with questions so that he can give a detailed explanation. Logic games teach how to argue correctly, build on general logic. It will help you find your calling in life in the future.
Play board games that develop your imagination. Those games that imply not only clear rules of movement, but also require ingenuity and calculation of profitable moves.
To develop an independent opinion in your child, teach him how to win in any dispute. Introduce him to the same adult strategies as needed.
Litigation
Often, arbitration is not able to resolve conflicts that arise between individuals and legal entities, since they are practically insoluble. In such cases, the parties who have not reached an agreement are forced to go to court. All types of disputes considered by this body can be divided into those that arise between:
- legal entities;
- legal entities and individuals;
- individuals.
In addition, according to the existing classification, the main types of litigation are as follows:
- return of property to the rightful owner;
- property protection;
- claims for collection of outstanding accounts receivable;
- recognition of legal rights to terminate the contract;
- disagreements regarding payments by insurance companies;
- failure to fulfill business contracts;
- tax claims.
How to cancel an aggravated dispute?
If you decide to cancel an aggravated dispute, click the “CANCEL ARBITRATION” button. After this action, the order will be automatically closed, and the money will be transferred to the seller in full. Please note that re-sending the goods by the seller is not grounds for closing an aggravated dispute, because the final result will be known only after receiving the parcel. The dispute is closed only if the problem is resolved in your favor. For example, you received a parcel delayed in transit, the received product fully corresponds to the characteristics declared by the seller. Re-shipment of the goods is expected without closing the aggravated dispute.
Land disputes
The subject of a conflict situation may be the determination of the size, boundaries, etc. of any territory (site). This discussion, conducted in compliance with all procedural procedures, is a land dispute. Participants in such a conflict can be individuals and legal entities, as well as governing bodies and authorities that made decisions that caused disagreement.
What are the types of land disputes? They are classified depending on the object and subject of the dispute, the order of consideration of cases, as well as on many other grounds. Land disputes involve:
- with the provision of plots (regarding violation of the order of distribution of territory or violation of designated boundaries);
- with rights to use land (regarding interference in economic activities or creating obstacles to the normal exercise of powers);
- with the seizure of the plot (due to its illegal provision or due to violation of contractual obligations by the tenant);
- with proprietary claims regarding violation of property rights;
- with the implementation of land planning work during the construction of large facilities, when the interests of individuals and legal entities are affected;
- with the need to compensate for losses incurred in the process of land legal relations.
International disputes
Often conflict situations arise between different states. They concern individual provisions of policy and law. Such disagreements are international disputes.
There is a certain classification of such conflicts. Thus, all types of international disputes are distinguished:
- On the subject of disagreement. For example, these are disputes over diplomatic protection concerning jurisdictions, territorial claims, etc.
- For the reason that caused them. These are disputes about events that happened and about ways to resolve certain issues.
- By the nature of the relationship that has arisen between opponents.
- According to the importance of the issue under consideration. It happens that one state, unlike another, does not attach much importance to resolving the issue at hand. It also happens that both countries are interested in a positive outcome of the conflict.
- By influence on those subjects of international law who do not participate in disagreements. In such cases, the resolution of disputes cannot be accomplished without international observers who seek to protect the world community from the possible severe consequences of the conflict.
- Essentially the dispute. In this case, all disagreements are divided into legal and political. The first of them are subject to settlement in courts of international level, and the second are resolved through compromises and negotiations.