DifferenceBetween Conflict and Dispute

【Abstract】A Dispute is a short-term disagreement while a Conflict is a long-termdisagreement. Conflicts, unlike Disputes, cannot be easily resolved and thepossibility of resolving them is very remote. In contrast, a Dispute can beresolved through judicial or other means. A Conflict refers to a broad area ofissues and within this broad area specific Disputes can arise. Thus, Disputesmay stem from a Conflict.

Conflict vs Dispute

Most people might question the above title, theirmain argument being that there is no difference between the terms Conflict andDispute. They are justified in thinking that as the terms are often usedinterchangeably and are listed as synonyms for the other. However, there have been several academics and scholars whohave distinguished the two terms, although these distinctions tend todiffer from one to the other. Most of us are acquainted with the term Conflictin relation to war orintrastate battles. Yet, it is important to understand these two terms in a legalcontext.

What does Conflict mean?

The dictionary defines Conflictas a serious disagreement or argument, typicallyone that is long-drawn. Further, it elaborates onthis definition by revealing that the term Conflict refers to a state ofdisagreement or disharmony. This state of disharmony or opposition is generallybetween persons, interests, ideas, principles or values.Perhaps the definition put forward by scholar John Burton will clarify thisfurther.1 Burton defines Conflict as a long-term disagreement, aproblem that runs so deep that its issues are generally “non-negotiable”. Given that they arenon-negotiable, it also indicates that the possibility of resolving such issuesis remote or difficult. Issues that are considered deep or extremelyserious include difference of opinion, morals or values, issuespertaining to security, authority, power, and more. Conflicts with such issues, if not resolved, tend to transform into physical violenceand thereafter war. The key to identifying the difference betweenConflict and Dispute is to think of Conflict as representing a broad, widecircle of issues within which a number of Disputes may arise. Think of Conflictas a disagreement between persons that has a prolonged existence and is moreserious in nature. It is not a specific disagreement and thus can include a numberof issues. It is a continuing state of disharmony.

Conflicts arise due to difference in interests,ideas, principles or values

What does Dispute mean?

With the objective of differentiating betweenConflict and Dispute, Burton also defines Dispute asa short-term disagreement that can be resolved. He furtherelucidates that a Dispute can be resolved byconsidering and evaluating the interests of the parties concerned anddetermining their rights through a reasonable solution. In a legalcontext, a Dispute is defined as a disagreement on a point of law or fact, orover certain legal rights, obligations, and interestsbetween two or more parties. It follows , then, that a Dispute refers to adisagreement that is specific, one in which the issues can be resolved byapplying relevant law or rules. Thus, in the case of a Dispute, the parties canargue their case and come to some form of settlement. Typically, a Dispute entails one party seeking to enforce certain rights orclaims and the other party opposing such a position.Disputes can be heard in court or through other alternative forms such as arbitration and mediation. Anexample of a Dispute is when an employee seeks to enforce a certain right orclaim against his/her employer. This claim can be in relation to working hours,overtime or leave.

A dispute is a short-term disagreement that can beresolved

What is the difference between Conflict and Dispute?

• A Dispute is a short-term disagreement while aConflict is a long-term disagreement.

• Conflicts, unlike Disputes, cannot be easilyresolved and the possibility of resolving them is very remote. In contrast, aDispute can be resolved through judicial or other means.

• A Conflict refers to a broad area of issues andwithin this broad area specific Disputes can arise. Thus, Disputes may stemfrom a Conflict.

• Disputes can be easily resolved by dealing withthe specific issue at hand and coming to a final determination. This is not thesame with Conflict.

• Conflicts are more serious and sensitive in natureand very volatile in terms of resolution.