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Dispute Resolution and Arbitration

University of Missouri School of Law

Journal

2007

Dispute resolution

Articles 1 - 2 of 2

Full-Text Articles in Law

Returning To The Circle: The Reemergence Of Traditional Dispute Resolution In Native American Communities, Jessica Metoui Jul 2007

Returning To The Circle: The Reemergence Of Traditional Dispute Resolution In Native American Communities, Jessica Metoui

Journal of Dispute Resolution

An examination of Native American cultural definitions of justice illustrates the cultural relevance of traditional dispute resolution processes. Because these alternative processes focus largely on community inclusion and the importance of party healing after a crime, concepts central to Native American worldview, traditional dispute resolution is superior to the mainstream adversarial court system for handling many criminal matters in the Native American context. The successes of traditional dispute resolution processes in Native American communities are also evidence of the potential cross cultural applications of such processes within the mainstream criminal justice system


Social Conflict: Some Basic Principles, Dean G. Pruitt Jan 2007

Social Conflict: Some Basic Principles, Dean G. Pruitt

Journal of Dispute Resolution

The term "conflict" has two generally accepted meanings.' The first refers to overt conflict-an argument, fight, or struggle. The second refers to subjective conflict-Party's perception that Party and Other have opposing beliefs or interests, or that Other has deprived or annoyed Party in some way. The latter concept is richer for theory building than the former, in that there are several strategies Party can employ in reaction to subjective conflict. Party can take a contentious approach and retaliate, or Party can try to impose its will on Other by means of an argument, demand, or threat. This strategy is very …