Correspondences and Contradictions in International and Domestic Conflict Resolution: Lessons From General Theory and Varied Contexts

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 explore in this essay, all the while knowing that I will ask more questions than I have answers to. My hope is to spark more rigorous attention to the possibility of comparative dispute resolution study and practice, using key concepts, theories, empirical studies, practical wisdom, and experiential insights to spark and encourage more multi-level and multi-unit analysis of some of our shared propositions

Advancing Dispute Resolution by Unpacking the Sources of Conflict: Toward an Integrated Framework

Organizational leaders, public policy makers, dispute resolution professionals, and scholars have developed diverse methods for resolving workplace conflict. But there is inadequate recognition that the effectiveness of a dispute resolution method depends on its fit with the source of a particular conflict. Consequently, it is essential to better understand where conflict comes from and how this affects dispute resolution. To these ends, this paper uniquely integrates scholarship from multiple disciplines to develop a multi-dimensional framework on the sources of conflict. This provides an important foundation for theorizing and identifying effective dispute resolution methods, which are more important than ever as the changing world of work raises new issues, conflicts, and institutions

Participation Versus Procedures in Non-Union Dispute Resolution

This study examines the resolution of conflict in non-union workplaces. Employee participation in workplace decision making and organizational dispute resolution procedures are two factors hypothesized to influence the outcomes of conflicts in the non-union workplace. The adoption of high involvement work systems is found to produce an organizational context in which both triggering events for conflict, such as disciplinary and dismissal decisions, and dispute resolution activities, such as grievance filing and appeals, are reduced in frequency. Dispute resolution procedures have mixed impacts. Greater due process protections in dispute resolution procedures in non-union workplaces are associated with increased grievance filing and higher appeal rates but do not have significant impacts on the precursors to conflict. This study provides evidence of substantial organizational level variation in non-union conflict resolution, suggesting the importance of expanding the predominant individual and group-level focus of current conflict management research to include more organizational-level factors. It also supports the importance to non-union employee representation of direct participation strategies involving employee involvement in the workplace, in addition to procedures that provide for off-line representation

Dispute Resolution Using Argumentation-Based Mediation

Mediation is a process, in which both parties agree to resolve their dispute by negotiating over alternative solutions presented by a mediator. In order to construct such solutions, mediation brings more information and knowledge, and, if possible, resources to the negotiation table. The contribution of this paper is the automated mediation machinery which does that. It presents an argumentation-based mediation approach that extends the logic-based approach to argumentation-based negotiation involving BDI agents. The paper describes the mediation algorithm. For comparison it illustrates the method with a case study used in an earlier work. It demonstrates how the computational mediator can deal with realistic situations in which the negotiating agents would otherwise fail due to lack of knowledge and/or resources.Comment: 6 page

Pro-active Meeting Assistants : Attention Please!

This paper gives an overview of pro-active meeting assistants, what they are and when they can be useful. We explain how to develop such assistants with respect to requirement definitions and elaborate on a set of Wizard of Oz experiments, aiming to find out in which form a meeting assistant should operate to be accepted by participants and whether the meeting effectiveness and efficiency can be improved by an assistant at all

Adoption and Use of Dispute Resolution Procedures in the Nonunion Workplace

[Excerpt] This paper investigates the adoption, structure, and function of dispute resolution procedures in the nonunion workplace. Whereas grievance procedures in unionized workplaces have been an important area of study in the field of industrial relations, research on dispute resolution procedures in nonunion workplaces has lagged behind. As a result, our knowledge of the development of nonunion procedures remains relatively limited. Similarly, with a few noteworthy exceptions (e.g. Lewin, 1987, 1990), our knowledge of workplace grievance activity is almost entirely based on research conducted in unionized settings. Given the major differences in the institutional contexts of union and nonunion workplaces in the United States, existing ideas about workplace dispute resolution developed in the unionized setting will likely require significant modification in order to understand dispute resolution procedures and activity in the nonunion workplace. Issues relating to dispute resolution in the nonunion workplace are of increasing importance to public policy given the combination of continued stagnation in levels of union representation and mounting concerns over rising levels of employment litigation in the courts. Knowing what nonunion dispute resolution procedures look like and how they function will help answer the question of what role these procedures may play in the future governance of the workplace

The Lawyer As Consensus Builder: Ethics For a New Practice

In this Article, I explore the roles of lawyers in alternative dispute resolution ( ADR ), including traditional roles in arbitration and new roles in mediation and facilitation. I also discuss how conventional ethics rules for lawyers fail to provide guidance and best practices for lawyers who serve in these new roles. State legislatures and professional associations, such as the American Arbitration Association ( AAA ), the Center for Public Resources Institute for Dispute Resolution ( CPR ), and the Association of Conflict Resolution, have adopted ethical codes for mediators and arbitrators. Select professional associations are also developing best practice guides for the provision of ADR services; however, the lack of clarity in the Model Rules is a serious problem. The failure of the Model Rules to recognize the role of lawyers in peacemaking, dispute prevention or resolution, and legal problem solving marks an absence in what is publicly recognized as among the most important roles a lawyer performs - that of a constructive lawyer. Furthermore, the Model Rules misrepresent the legal profession by assuming that representing clients in adversarial matters is the only role lawyers fulfill. Such an assumption fails to give adequate guidance to a lawyer who fulfills a broader, and perhaps, more significant role than that of a hired gun

Environmental Conflict Resolution: Strategies for Environmental Grantmakers

Outlines the strategies that are employed with the use of ECR to promote collaborative problem solving and manage disputes related to the use and development of natural resources. Includes a description of ten case studies where ECR was used effectively

Introduction & Coda, Multi-Party Dispute Resolution, Democracy and Decision Making: Vol. II of Complex Dispute Resolution

The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and private processes, as well as more formal and public processes. The essays question whether the development of universal theoretical insights about conflict resolution is possible with variable numbers of parties and issues and in multi-cultural and multi-jural settings. Each volume also presents a coda, summarizing key issues in the field and suggesting further avenues for research. The second volume (and the introductory essay here) applies the theoretical foundations and practices of primary processes in dispute resolution–negotiation, mediation, arbitration and some hybrid processes in both public and private, informal and formal settings to more complex multi-party and multi issue settings, and asks whether foundational theories must be altered when there are more parties and issues. What difference do larger numbers make in theory and practice of dispute resolution and decision making? Other theoretical and empirical observations of the role of third party neutrals and facilitators in multi-party settings are explored, and applied disciplines such as game theory and decision sciences are applied to complex dispute resolution settings. Illustrations of uses of these processes in different substantive areas, e.g. legal disputes, public policy decision making, politics and governance, environmental matters, institutional relations, and high conflict settings are provided. The volume collects classic articles in multi-party, multi-issue theory and practice while interrogating the issues of how the numbers of parties and issues, different contexts and cultures challenges our efforts to create generalizable theory and practice of human conflict resolution. The review essay also discusses recent efforts to seek correspondences and learning from application of conflict resolution theory and practice to the work on deliberative democracy and political decision making. The coda suggests avenues for future research. Some attention is paid to issues of ethics and political theory, as well as evaluation of efficacy, in the use of third party facilitators in public policy and governance disputes