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Full-Text Articles in Law
Should They Listen To Us? Seeking A Negotiation / Conflict Resolution Contribution To Practice In Intractable Conflicts, Chris Honeyman, Sanda Kaufman, Andrea Kupfer Schneider
Should They Listen To Us? Seeking A Negotiation / Conflict Resolution Contribution To Practice In Intractable Conflicts, Chris Honeyman, Sanda Kaufman, Andrea Kupfer Schneider
Journal of Dispute Resolution
Conflict resolution (CR) has had its successes, particularly in what has become common negotiation and mediation practice in divorce, civil litigation, and small to medium scale public policy disputes. Yet despite these practical inroads and increasingly successful dissemination of the ideas of our field, CR practitioners in politics and policy (and other fields) are still conspicuous by their absence in the largest, most consequential conflicts. Negotiation remains the vehicle for addressing international conflicts nonviolently. However, as of 2007 when we first questioned the relative lack of practical impact (at the highest levels) of negotiation scholarship, the international relations practitioners did …
Building Bridges To Resolve Conflict And Overcome The Prisoner's Dilemma: The Vital Role Of Professional Relationships In The Collaborative Law Process, David Hoffman, Dawn Ash
Building Bridges To Resolve Conflict And Overcome The Prisoner's Dilemma: The Vital Role Of Professional Relationships In The Collaborative Law Process, David Hoffman, Dawn Ash
Journal of Dispute Resolution
Part 1 of this article describes the rapid growth of Collaborative Practice and the dense fabric of professional relationships that has been woven with the Collaborative Practice community. Part H explores the Prisoner's Dilemma, which explains why, in the absence of such relationships and mutual commitments to collaboration, there are hard-to-resist pressures to engage in competitive, win-lose, adversarial forms of negotiation. Part II also explores the role that lawyers can play in overcoming those pressures. Part III is based on interviews with teams of Collaborative lawyers and other professionals, who describe the personal qualities and skills that support strong relationships …
Conflict Resolution And Systemic Change, Susan Sturm, Howard Gadlin
Conflict Resolution And Systemic Change, Susan Sturm, Howard Gadlin
Journal of Dispute Resolution
This article suggests that the view of public norm elaboration and accountability underlying the critique of ADR is too narrow and needs to be rethought. Public norms do not consist only of the precedents developed and applied by courts or other adjudicative bodies. They also emerge when relevant institutional actors develop values or remedies through an accountable process of principled and participatory decision making, and then adapt these values and remedies to broader groups or situations. ADR can play a significant role in developing legitimate and effective solutions to common problems and, in the process, produce generalizable norms
Media, Memory, And Forgiveness: Case Studies In South Africa And Argentina's Conflict Resolution Processes, Byron T. Scott, Caroline Escudero, Anya Litvak
Media, Memory, And Forgiveness: Case Studies In South Africa And Argentina's Conflict Resolution Processes, Byron T. Scott, Caroline Escudero, Anya Litvak
Journal of Dispute Resolution
Studies of conflict frames' customarily include neither mid- to long-term resolution nor the role of the media in that healing process. In theory, the formal reconciliation processes that have followed internal conflicts in many nations provide resolution and a pathway to long-term healing. But do they? As the chief cultural guardians of national memories, what is the role of the media? Between the spikes of crisis reporting, are there persistent frames of journalistic messages that affect how ever-receding events are viewed by new generations? This paper looks at media behavior in two contrasting nations, Argentina and South Africa, while arguing …
Resolving Conflict Together: The Understanding-Based Model Of Mediation, Gary Friedman, Jack Himmelstein
Resolving Conflict Together: The Understanding-Based Model Of Mediation, Gary Friedman, Jack Himmelstein
Journal of Dispute Resolution
The following excerpt is from a book in progress-tentatively titled, Resolving Conflict Together: The Understanding-Based Model of Mediation-that is planned to be published in 2007 by the American Bar Association. In this book, we seek to set out the approach to mediation that we have been developing through our work with the Center for Mediation in Law (the Center). We have termed this approach the "Understanding-Based Model" of mediation. The book develops twelve mediation cases, in which Gary served as mediator and which, with commentary, serve to transmit our approach to mediation. Each case focuses on a different aspect of …
Response To Carrie Menkel-Meadow's Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Wallace Warfield
Journal of Dispute Resolution
In this article, I would like to first spend a little time clarifying (or perhaps muddying) what is meant by "domestic" and "international" when people talk about conflicts and how they are resolved. Geographical and content-defining terms tossed about cavalierly say more about competing hierarchies and elitism than functional geopolitical designations. Next, I will suggest that part of the problem is how we locate theory in this debate: What kinds of theories lend themselves to generalization and which ones do not? And does the problem lay with the theory or the theory interpreter?
Context And Pretext In Conflict Resolution, Kevin Avruch
Context And Pretext In Conflict Resolution, Kevin Avruch
Journal of Dispute Resolution
In this essay, I want to reflect on some of the problems raised by context and pretext from a different angle. I want to first consider some aspects of the varied contexts in which conflict resolution and alternative dispute resolution (ADR) developed in the United States, particularly in the academy. Historically, there have been some differences between the two, partly evident in the different meanings of the notion of "dispute" adopted by theorists and practitioners. I then want to examine some of the underlying pretexts for doing this work, and some possible consequences-especially as we more frequently engage in the …
Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow
Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow
Journal of Dispute Resolution
Does the field of conflict resolution have any broadly applicable theories that "work" across the different domains of international and domestic conflict? Or, are contexts, participants, and resources so "domain" specific and variable that only "thick descriptions" of particular contexts will do? These are important questions which have been plaguing me in this depressing time for conflict resolution professionals, from September 11, 2001 (9/11), to the war against Iraq. Have we learned anything about conflict resolution that really does improve our ability to describe, predict, and act to reduce unnecessary and harmful conflict? These are the questions I want to …
Context, Yes - And Theory, Yes, Morton Deutsch
Context, Yes - And Theory, Yes, Morton Deutsch
Journal of Dispute Resolution
I admire Carrie Menkel-Meadow's article very much.' It reveals her deep and broad knowledge of the field of conflict resolution. It also represents an important and valid emphasis on the necessity of a rich knowledge of specific contexts for applied work in those contexts. However, the article implicitly constructs a false opposition between contextual knowledge and theoretical knowledge; in reality, both are needed. I understand that "practitioners" and "theorists" commonly misunderstand one another because of their different orientations and social roles. In this article, I will discuss these differences and then briefly consider the integration of theory and practice.
Peacemakers: Biblical Conflict Resolution And Reconciliation As A Model Alternative To Litigation, The, Judith M. Keegan
Peacemakers: Biblical Conflict Resolution And Reconciliation As A Model Alternative To Litigation, The, Judith M. Keegan
Journal of Dispute Resolution
The purpose of this article is to examine Biblical conflict resolution as a model or method for dispute resolution: (1) to determine its development, purpose and goals, theoretical basis, and procedure or process; (2) to evaluate Biblical conflict resolution as an alternative to the legal system; and (3) to establish the contemporary value and validity of Biblical conflict resolution.