Unit #3: APPLICATIONS OF CONFLICT RESOLUTION TECHNIQUES
John Burton and Frank Dukes, Conflict: Practices in Management,
Settlement, and Resolution, pp. 1-118.
You are asked to read only the first two sections of this book (through
page 116) and the appendix for Unit #3. The remainder of the book will be
addressed in Unit #4.
Ury, William L, Jeanne M. Brett and Stephen B. Goldberg, "Designing
an Effective Dispute Resolution System," in Breslin, William and Jeffrey
Rubin, eds., Negotiation Theory and Practice, Program on Negotiation
Books, Cambridge, Massachusetts, 1991, pp. 295-313.
Conflict pervades virtually all aspects of human society, from the simplest
interpersonal relationships to the most complex geopolitical confrontations.
Not surprisingly, conflict management techniques have had to be adapted
to deal with the many different settings in which these conflicts occur.
The result is a highly diverse field in which conflict practitioners take
on a broad array of roles. This book, better than any other we know, describes
the many different settings in which the basic principles of conflict management
are being applied. (The one notable omission from the book, dispute systems
design, is described in a paper accompanying this unit.) The book is organized
with some chapters focusing on the type of process used (adjudication or
arbitration, for example) while others focus on the type of conflict addressed
(such as environmental, victim-offender, or divorce).
The first part of the book begins with a discussion of what the authors
call "conflict management." It focuses upon tractable conflicts
in which the parties have common, agreed upon goals and need only decide
the best way of achieving those goals. Chapters address the general problems
of management as well as many different types of mediation. The next major
section on "settlement" addresses conflicts further up the intractability
scale. Here the focus is upon situations in which there is no agreement
on common goals. In these settings some sort of adjudicatory process is
needed to decide whose goals take precedence. In this section the book discusses
arbitration, adjudication, and ombudsing.
Writing Assignment (To be submitted for evaluation):
Unit #3: THE MANY DIFFERENT APPLICATIONS OF CONFLICT RESOLUTION TECHNIQUES - 11%
You are asked to prepare a 2500 word essay describing the many different types of dispute handling and conflict resolution services currently available. You should discuss the each approach and the situations in which it might be applicable. To get an "A" you also need to apply the basic concepts presented in the readings to conflicts other than those discussed. Your should also pay particular attention to describing the role that third parties such as mediators and arbitrators should play. Finally you should discuss how a dispute handling system can be used to channel disputes toward the most appropriate process.
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