Where the Rubber Meets the Clouds: Anticipated Developments in Conflict and Conflict Resolution Theory

Published in cooperation with the American Bar Association Section of Dispute Resolutio

Setting the Table for Mediation Success: Supporting Disputants to Arrive Prepared

Consider the following two scenarios. Tom Jones sued his neighbor over a dispute they had regarding the boundaries of their abutting properties. Within a week of filing the suit, he received notice that a mediation had been scheduled for their case. Three weeks later he arrived at the appointed place and time of the mediation where he found his neighbor, his neighbor\u27s attorney, and a mediator. After brief introductions, they were invited to take their seats and were provided a short overview of mediation, a process that was new and unfamiliar to Tom Jones. Two hours later, he left in frustration. In another case, a probate judge ordered two sisters, Rose and Anne, to mediate their dispute over an inheritance. During mediation, their conversations often became heated and the mediator struggled to assist them in productively addressing their differences. After provocation by Anne, Rose started to cry and left the room, the mediation ended without an agreement. These two scenarios share a common denominator, they demonstrate a lack of preparation. Tom lacked familiarity with the mediation process, while Rose and Anne had not been forewarned of the potentially jarring interactions sometimes endemic to mediation. These situations are commonplace. This article addresses parties\u27 mediation preparedness, or more precisely unpreparedness

LAW9450-O.ST/Designing Conflict Systems.Su15.Hedeen,Timothy

General Course Description of Selected Topics Educates students to practice in emerging and specialized areas of law not covered by advanced courses in the curriculum. Topics covered differ from semester to semester; course descriptions for each topic area are approved by the associate dean for academic affairs. Students may take more than one Selected Topics course in their law school career as space permits. Every Year Cours

LAW9450-3.ST/Dispute Systems Design.Su14.Hedeen,Timothy

General Course Description of Selected Topics Educates students to practice in emerging and specialized areas of law not covered by advanced courses in the curriculum. Topics covered differ from semester to semester; course descriptions for each topic area are approved by the associate dean for academic affairs. Students may take more than one Selected Topics course in their law school career as space permits. Every Year Cours

LAW9070-O.Designing Conflict Systems.Su16.Hedeen,Timothy

This course examines theoretical and practical approaches to diagnosing and solving complex organizational conflict. Students will learn how to conduct a needs assessment, and how to design, evaluate, and improve internal conflict management systems for organizations in the private and public sector

LAW9450-W.ST/Conflict Coaching.J15.Hedeen,Timothy

General Course Description of Selected Topics Educates students to practice in emerging and specialized areas of law not covered by advanced courses in the curriculum. Topics covered differ from semester to semester; course descriptions for each topic area are approved by the associate dean for academic affairs. Students may take more than one Selected Topics course in their law school career as space permits. Every Year Cours

LAW9335-1.Theories of Conflict.J15.Hedeen,Timothy

This interdisciplinary course introduces students to important theoretical perspectives on our understanding of conflict and conflict response. Specifically, students explore the biological/ physiological, psychodynamic, social psychological, communication and sociological/political perspectives on conflict by reading and discussing major theoretical works within each perspective. Emphasis is on comparing and distinguishing key dimensions of these theories, such as the nature and sources of conflict, conflict escalation, conflict response, and the nature of the third party role. Classes follow an interactive format. Using case studies, exercises, and group discussion to draw upon personal experiences, including those involving race and social identity, the course explores the usefulness of each perspective to understanding the experience of conflict. Every Year Cours

The influence of referral source coerciveness on mediation participation and outcomes

This dissertation examines the influence of referral source coerciveness on mediation participation and outcomes. Through a review of relevant literature, interviews with community mediation center and state court administration staff, and statistical analysis of over 400,000 cases, this study documents strong and surprising relationships between referral sources and the outcomes of cases referred. The organization of the dissertation flows from the origins and evolution of community mediation through the analyses of interview and case record data. After reviewing the development of contemporary community mediation, this study turns to the existing literature concerning coercion and volition in mediation, with special attention to the distinction between \u27coercion into mediation\u27 and \u27coercion within mediation.\u27 A typology of coercive institutions is introduced, and provides the framework for an ordinal variable measuring the relative coerciveness of referral sources. The dissertation then moves to a description of the data and the research methods employed in this study presenting both the full script of the structured interviews as well as an overview of logistic regression analysis, a method commonly employed in social, health, and biological research studies. A three-part typology of referral source coerciveness is developed, grouping all courts as the most coercive institutions, followed by all law enforcement agencies and prosecutors, and finally, all remaining referral agencies. Cross-tabulations and multivariate logistic regression models reveal remarkable trends between referral source coerciveness and mediation participation and outcomes. The study uncovers a strong relationship between referral source coerciveness and the likelihood of mediation participation, and a moderate relationship between coerciveness and the likelihood of agreement within mediation. Regression analysis demonstrates that as referral source coerciveness increases, the likelihood of mediation increases while the likelihood of agreement in mediation decreases. The dissertation concludes with implications for future research and policy

Guest Editors' Introduction

The article discusses various reports published within the issue, including one by Lisa Blomgren on the deliberative forms of public participation that supplement traditional governance processes and another by Kristen Erbes on the use of site-based management practices in a school context