The main types of disputes and their classification

The dispute plays a huge role not only in human life, but also in science, as well as in public and state affairs. Can serious decisions be made without discussion and clash of different points of view? Especially hot debates we can observe in matters of a political and public nature. Of course, there are a lot of things in the world that are obvious. For example, you do not need to prove axioms in mathematics. But in everyday life, people often have various difficulties, in which it is simply necessary to defend their point of view.

These are various controversies that have arisen in the course of the production or judicial process, as well as many other cases. In order to defend his opinion, a person must not only prove, but also document and justify his arguments. It is especially important to have such skills as a professional lawyer, who, during the course of his activity, conducts various kinds of disputes.

Definition of concept

The dispute is a clash of positions and opinions, in which each of the parties provides arguments that allow it to defend its own understanding of the issue under discussion. At the same time, participants in this process are trying to refute the arguments that their opponents have.

Dispute is a very important means of human communication. It helps to clarify and resolve issues that cause certain disagreements. In addition, the dispute provides 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 agree, they still more fully understand their own positions and the arguments of their opponents. In this case, this kind of communication is a great tool for the exchange of ideas.

In Russian, there are three meanings of the word "dispute":

1. A verbal match in which each of the opponents defends their positions and their opinions.
2. Mutual claims put on possession of something. As a rule, their decision is carried out by the court, negotiations, war, etc.
3. A synonym for the concepts of "rivalry", "single combat", "competition", "duel". In this case, the search for truth occurs only in verbal battles.

Variation of opinion collision

There are various forms and types of dispute. They may be:

• Exchange of views;
• Discussion, debate;
• Negotiations;
• Discussions;
• Controversy;
• Debate.

Between the above forms of verbal competition there are no strictly defined boundaries. One of their varieties can easily move into another. Let's consider the main types of dispute more.

Opinion exchange

As for this means of human communication, it is difficult to call it a dispute. This is just a prelude. In this case, the opponents' parties only state their claims, positions. In addition, both sides study and take note of the opinions of their opponents. Only then does the dispute begin. Sometimes the parties take a kind of time-out. This is the time when in the cabinet quiet is thoroughly studied the presented topic, all the weak and strong sides of opponents are determined, their own position is corrected.

Only after such a necessary and very fruitful stage, the dispute is more effective and constructive. He is no longer the pointless chatter when the substance of the question is not understood by either side. The exchange of opinions also influences the further conduct of discussions and negotiations. That is why thorough preparation in this case is simply necessary.

Debate

This is another form of controversy. It is a collective, formalized and organized discussion of a topic. The purpose of the debate is the adoption of a concrete decision. Such kinds of disputes are conducted according to a certain rule. In this case, the rules, the chairman of the meeting, the order and order of the speeches are inalienable. The most vivid example of this type of dispute can be called judicial debate. Such discussions can take place with varying intensity, severity and degree of tension. Graduation in this case starts from a sluggish exchange of views, present at the morning planner, before the massacre in parliament.

Conversation

Such verbal competitions are not only a dispute. They are activities in the course of which existing contradictions are resolved. The main goals that such disputes are aimed at are to find solutions acceptable to all the parties involved. Only a compromise, consensus or "common denominator" will allow opponents to come to the right agreement. In the process of negotiations, there is an exchange of views and a polemic is taking place. Other methods are also possible to achieve the desired result. These are requests and persuasions, promises, blackmail and threats, deception, etc. The result of the negotiations is the signing of an agreement, a resume or (in extreme cases) the achievement of oral agreements. In the absence of specific decisions, negotiations are considered to be failed.

Discussion

A similar dispute is held on a particular topic or issue. At the same time, the main purpose of the discussion is to reach agreement or define the truth. These kinds of disputes are not limited to spatial or temporal frameworks, regulations, a circle of participants, etc. A constant component of discussions is only a topic. And this verbal competition is not so much a dispute as an investigation necessary to find the truth. That is why it does not matter which of the participants in this dispute stands apart. The main thing is to get a specific result.

Controversy

Very often this type of dispute is compared with the discussion. However, this is not quite true. The main goal of the polemic is to achieve victory. That is why such a dispute is distinguished by aggressiveness, irreconcilability of the parties, as well as by ignoring all the rules allowing constructive dialogue. In addition, in tactics and tactics, tactics and behaviors differ much in comparison with the discussion.

Any interested person can participate in such disputes. And you can join them at any time and in any place. Sometimes even people who do not know, hear or see each other discuss the same issue. Sometimes parties involved in polemics do not even have an elevated theme. That is why one should not be surprised that controversy on some issues lasts for centuries.

Debate

These kinds of disputes include public verbal contests on the most relevant topics for society. The place and time of the debate are reported in advance. The main purpose of such disputes is to incline more people to a certain point of view. At the same time, the search for truth during the debate is not engaged. If you do not manage to increase the number of your supporters, then such disputes are used to raise the rating of the speaker or his image. Such a task is solved by persuading the audience on this or that issue. For example, in the judicial debate, this is the jury and the judges. It is not necessary to convince one another of such disputes.

Often during the debate unfolds uncompromising sharp struggle. At the same time there is intrigue, as in a sports match, entertainment, as in a theatrical production, and some such disputes can sometimes be compared to a true show. The results of such events are sometimes quite paradoxical. Those of their participants who lost in the dispute, often significantly increased the number of their supporters, that is, they achieved their goal. That is why when conducting debates, the knowledge of the subject and eloquence, the possession of rhetoric and the ability to enthrall the audience are put on the first place.

Economic disputes

In addition to all the above conflict situations, there is a huge number of those that are regulated by legal regulations. They are considered legal. Consider the types of legal disputes in more detail.

Sometimes different differences arise between the subjects of production relations. They are related to the rights and obligations of the parties in the sphere of economic relations. They are very extensive. However, based on the definition, classification of types of economic disputes includes labor disputes. This is due to the fact that they enter into the concept of production relations.

The concept and types of economic disputes are closely connected not only with administrative, but also with other legal relations. However, the bulk of them are still civil-legal disagreements. And most often they relate to the contradictions arising in the field of entrepreneurship.

What are the types of economic disputes? Such disagreements are divided into:

1. Contractual. These are types of disputes concerning those rights and obligations that a business entity has had under the concluded contract. In the economic sphere, such disagreements are particularly frequent.
2. Pre-contractual. Such disputes are connected with the conclusion of an agreement or with the writing of its content. Such disagreements arise very rarely and only take place when the signing of a contract is an indispensable condition for one of the parties. Only in such cases the dispute is resolved by jurisdictions.
3. Non-contractual. This is a disagreement that may arise between business entities over violations of property rights, damage to property and damage to business reputation.

Labor disputes

An employee of any organization can protect his rights, freedoms and legitimate interests. However, sometimes he and the employer may have differences. What is the concept and types of labor disputes in our country? All these points are reflected in the Constitution and the labor legislation of Russia. Normative acts also contain ways to resolve such conflicts, right up to the right to strike.

So, consider the concept and types of labor disputes. First of all, let's find out what the term means. A labor dispute is understood as a disagreement arising between an employee (employees) and an employer (his representatives). The issues of such disagreements concern the regulation of labor relations and are resolved by special bodies of jurisprudence. At the same time, a dispute is understood as a different assessment of the situation by the two sides. The cause of such a conflict is the violation of the law in the world of work. In some cases, this is a common misconception, suggesting that there are deviations from the law.

What are the types of labor disputes? There are many of them, and all of them are classified for various reasons. So, there are types of labor disputes that point to the disputing parties. In this group they are:

• Individual, affecting the interests of individual workers;
• Collective, in which all employees or individual units of the enterprise are involved.

Classification of types of dispute in the labor sphere is also carried out according to the legal relationships 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, which are in direct connection with labor (illegal retention of wages, non-payment of sick leave, etc.).

Classify the differences between the employer and employees and by their nature. It can be:

• Disputes over the application of regulations of legislative acts related to the scope of work;
• Disagreements about changing or establishing the conditions that exist in the workplace.

The subject of the dispute is:

• Disagreement over the recognition of a right that is violated by the other party;
• Disagreements about compensation for harm and award of payments.

By the method of settlement, labor disputes are divided into:

• Litigation;
• Non-original.

The first of these two disputes are mostly individual. They relate to situations where an employee seeks recognition or restoration of a certain right. In other words, he sues. To resolve such differences, labor dispute commissions are established . Also these issues are considered by higher organizations.

Non-recourse disputes, as a rule, are collective. Basically, they arise when establishing new or changing already existing working conditions.

Civil disputes

There are often conflicting situations between individuals or legal entities . Such disputes belong to the category of civil, if they are regulated by the Civil Code of the Russian Federation or other norms of civil law character. Most often, such disagreements are connected with the right to own immovable or movable property. Also, the occasion for the proceedings is sometimes intellectual property.

What are the types of civil disputes? The most common conflict situations are:

• Disputes on property rights (immovable and movable);
• Conflicts on debt collection;
• Disagreements over compensation of losses by the parties;
• Disputes concerning the exact establishment of legal responsibility;
• Disagreements over the execution of transactions, termination of recognition and other actions.

Administrative disputes

The most difficult for the resolution by judicial bodies are conflicts between legal entities, state bodies, and also citizens. These disputes, which are of a public nature, are classified as administrative disputes. The reason for their occurrence are various relationships between legal entities and individuals with bodies representing the executive branch. For cases of administrative violations, one may include those that relate to:

• Violation of traffic rules;
• Non-observance of electoral rights;
• Harming the environment;
• Non-compliance with the norms existing in construction, energy, industry, business, securities markets, customs, etc.

In other words, the areas in which the legislation on administrative responsibility is applied are very extensive. That is why, in order to resolve the conflict situations that have arisen in this case, knowledge will be required in the most diverse branches of law.

What are the types of administrative disputes? If conflict situations arise with authorities, then they are divided into:

• Those that are connected with the appeal of the decisions on the appointed punishment;
• Disputes about the invalidity of non-normative acts adopted by state bodies.

Most often, such conflicts are considered in arbitration. It is a perfectly legitimate mechanism created to resolve various disputes outside the courts. During the consideration of such cases, the unconfined parties delegate a decision on their case to either one or several people. After the verdict is passed, the parties must certainly execute it.

What are the types of arbitration disputes? They are classified into:

• Collection of debts;
• Disputes on matters of payment of taxes;
• Review of bankruptcy proceedings;
• Corporate disputes ;
• Conflict situations related to the property of enterprises.

Litigation

Often, arbitration is not able to resolve conflicts that arise between individuals and legal entities, since they are virtually insoluble. In such cases, the parties that have not reached agreement shall be compelled to apply to the court. All kinds 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:

• Return of property to the rightful owner;
• Protection of property;
• Claims for collection of outstanding receivables;
• Recognition of legal rights allowing to terminate the contract;
• Disagreements over payments by insurance companies;
• Non-fulfillment of economic contracts;
• Tax claims.

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 may be physical and legal persons, as well as government bodies and authorities that made decisions that caused disagreement.

What are the types of land disputes? They are classified according to the object and subject of the dispute, the order of cases, as well as for many other reasons. Land disputes link:

• With the provision of sites (on the violation of the order of distribution of the territory or violation of the boundaries);
• With the rights to use the land (for interfering in economic activities or creating obstacles to the normal exercise of authority);
• With the withdrawal of the site (regarding its illegal provision or because of a breach by the lessee of contractual obligations);
• With property claims for violations of property rights;
• With the implementation of land-planning works 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 separate provisions of policy and law. Such disagreements are international disputes.

There is a certain classification of such conflicts. So, all kinds of international disputes are distinguished:

1. On the subject of disagreements. For example, these are disputes over diplomatic protection concerning jurisdictions, territorial claims, and so on.
2. For the cause that caused them. This is a debate about the events that have occurred and about ways to resolve certain issues.
3. By the nature of the relationship that arises between opponents.
4. On the importance of the issue under consideration. It happens that one state, unlike another, does not attach special importance to the solution of the question posed. It happens that both countries are interested in the positive outcome of the conflict that has arisen.
5. On the impact on those subjects of international law, which do not participate in disagreements. In such cases, the resolution of disputes is not without international observers who are trying to protect the world community from the possible heavy consequences of the conflict.
6. In fact, the dispute. In this case, all the differences are divided into legal and political. The first of them are subject to settlement in the courts of the international level, and the latter are resolved through compromises and negotiations.