Vocabulary and Cases

Question 1

difference between conflict and dispute

Answer 1

conflict: actual or perceived clash of interests and aspirations
dispute: concrete manifestation of an underlying conflict of a conflict that has not been acted upon

Question 2

three theories of conflict

Answer 2

individual characteristics theory: unmet needs or threats to sense of self/self worth

social process theory: conflict arises from the competition for resources

social structure theories: conflict arises from the nature of a social system as it related to disparities of power

Question 3

3 analytical approaches to conflict

Answer 3

cognitive, emotional, behavioral

Question 4

position v. interest

Answer 4

position: what people believe they are entitled to

interest: the need or motive that underlies that position

Question 5

what is an adjudicative process?

Answer 5

a third party has the a power to impose a solution on the disputants, usually win/lose
- arbitration
- trial
- private tribunals

Question 6

arbitration

Answer 6

parties agree to submit to a neutral third party whom they have selected to make a decision that they can choose to be binding or non-binding
- less formal
- faster and less expensive than judicial processes
- can not be appealed

Question 7

private tribunals

Answer 7

privately selected judge entered as a court judgement and can be appealed
- eliminated delay
- excludes public from proceedings

Question 8

consensual processes

Answer 8

negotiation, mediation, conciliation

Question 9

Negotiation

Answer 9

Parties seek to resolve a disagreement through discussions conducted by the parties themselves or through representatives
- dominate method of alternative dispute resolution