Articles
| Open Access |
https://doi.org/10.37547/ajsshr/Volume06Issue03-21
Effective Methods of Preventing the Escalation of Disputes and Constructive Resolution of Disputes in Advocacy
Abstract
This article examines the theoretical and practical aspects of preventing the escalation of disputes and ensuring their constructive resolution in legal practice. In the context of increasing complexity of legal relations, disputes arise not only from legal but also from psychological, social, and economic factors. The study analyzes the nature, types, and dynamics of conflict, as well as the mechanisms of escalation. Particular attention is given to the communicative and interest-based approaches to dispute resolution, as well as to negotiation, mediation, and conflict transformation methods. The article draws on the works of Lewis A. Coser, Roger Fisher, and William Ury to explain the constructive role of conflict and interest-based negotiation models. It is
that psychological competence, emotional intelligence, and adherence to professional ethics are essential for effective dispute management. The article concludes that preventing escalation not only enhances legal efficiency but also preserves social relationships and strengthens trust in the legal system.
Keywords
Dispute resolution, conflict escalation, mediation
References
Coser, L. A. (1956). The functions of social conflict. Free Press.
Fisher, R., & Ury, W. (1981). Getting to yes: Negotiating agreement without giving in. Penguin Books.
Bush, R. A. B., & Folger, J. P. (2005). The promise of mediation: The transformative approach to conflict (Revised ed.). Jossey-Bass.
Goleman, D. (1995). Emotional intelligence. Bantam Books.
Kahneman, D. (2011). Thinking, fast and slow. Farrar, Straus and Giroux.
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Copyright (c) 2026 Dilbar Khojimuhamedova

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