The Handbook of Dispute Resolution
Language: English
Pages: 560
ISBN: 0787975389
Format: PDF / Kindle (mobi) / ePub
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
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positions, empathetic listening to buttress the relationship against the effects of tough positioning, or an interlude of brainstorming rules to explore options without commitment. Used in a genuine search for better outcomes, such skillful behaviors essentially begin to transform bargaining into the alternative archetype of “problem-solving negotiation” described later in this chapter. However, used manipulatively to enhance a competitive negotiation “victory,” such efforts may exacerbate the
devolves into a dance of concessions, absent a careful effort to re-create the circle by turning commitments back into options and refocusing on brainstorming. (“Paying you $1,000,000 in diamonds is one option. Another might simply be agreeing to continue doing business. But before we decide what makes the most sense, let’s figure out what the range of options is and the implications of each.”) Likewise, threats (either to go to my own “great” BATNA or to make yours more uncomfortable)
on, unlike the procedure common in physical meetings. Online communication can also open the door to input from people normally excluded from face-to-face deliberative discussions. Group discussions are often dominated by a handful of participants while others, perhaps even the majority, stay silent. Certain individuals are more comfortable expressing their opinions forcefully in public situations, whereas others are less so. Online communication may reduce barriers for participants who would
share the same process title, their implementation of the process can vary dramatically, depending on the needs of the organization that established the office. Context-driven differences also are becoming quite clear in the field of mediation. Traditionally, mediation was described by some as a facilitative process designed to help parties reach resolution of their dispute, a process in which the mediator’s role is to enable the parties’ exercise of self-determination. Within this vision of
dispute behaves in a perfectly rational manner, it is important for those charged with resolving disputes to understand the incentive structures within which disputants operate. The elegance of mathematical models can provide insight not only on the question of whether resolution is possible, but also on the important question of how one can maximize the benefits each of the disputants receives from potential solutions. This list is not exhaustive. Indeed, a scan of almost any curriculum in any
