Introduction to Continuum of Dispute Resolution and Arbitration Flashcards
Other names for ADR
Appropriate Dispute Resolution, dispute resolution
Types of dispute resolution
negotiation, mediation, and arbitration
conflict
an actual or perceived clash of interests or aspirations
disputes
arise from conflict. A product of conflict. There does not have to always be conflict to be a dispute.
Individual characteristics relates to
people, entities, and institutions
Needs theory
conflict arises from any one of a number of unmet human needs, ranging from physical needs for food and shelter to psychological needs for love and self-actualization
Modern Identity theory
conflict arises from threats to individual and social identity or a sense of self and self-worth.
Social process theories
build on individual characteristics theories, but emphasize the relationships between parties, particularly along distributional lines. Conflict is a result of the competition for resources.
social structure theories
emphasize the institutionalized structures organizing a society, holding that conflict arises from the nature of the social system itself, particularly as it relates to disparities of power social influence. This theory often finds itself in critical theory, which looks to power imbalances and other disparities between genders, races, and other classes to explain social conflict.
Bernard Mayer, the dynamics of conflict resolution: a practitioner’s guide
Conflict may be viewed as occurring along cognitive (perception), emotional (feeling), and behavioral (action) dimensions
conflict as perception
As a set of perceptions, conflict is a belief or understanding that one’s own needs, interests, wants or values are incompatible with someone else’s. This contains both objective and subjective elements. Conflict exists if at least one person believes it to exist.
conflict as action
Conflict also consists of the actions that we take to express our feelings, articulate our perceptions, and get his or her needs met in a way that has the potential for interfering with someone else’s ability to get our needs met. This may involve a direct attempt to make something happen at someone else’s expense. The purpose is to express the conflict or to get one’s needs met.
a perceived injurious event
disputes begin with some divergence between the interests, aspirations, preference, or desires of two or more parties.
informal resolutions
avoidance, discussion, or negotiation
formal resolution
initiation of a lawsuit
dispute pyramid
more perceived injurious events than there are formalized disputes and even fewer disputes persist into later stages of the process.
dispute tree
Dispute tree: The branches of the tree represent the many different ways in which disputes are resolved, ex litigation. The tree might also include truncated branches for injuries named and blamed but not claimed. Barren branches that represent instances in which injured persons choose to lump it. Branches may bear material remedies or symbolic remedies. Some branches are more accessible than others. New branches may appear.