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Conflict Diagnosis and Alternative Dispute

Conflict Diagnosis and Alternative Dispute - 04 edition

ISBN13: 978-0130981097

Cover of Conflict Diagnosis and Alternative Dispute 04 (ISBN 978-0130981097)
ISBN13: 978-0130981097
ISBN10: 0130981095
Cover type:
Edition/Copyright: 04
Publisher: Prentice Hall, Inc.
Published: 2004
International: No

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Conflict Diagnosis and Alternative Dispute - 04 edition

ISBN13: 978-0130981097

Laurie Coltri

ISBN13: 978-0130981097
ISBN10: 0130981095
Cover type:
Edition/Copyright: 04
Publisher: Prentice Hall, Inc.

Published: 2004
International: No
Summary

For Alternative Dispute Resolution courses and Conflict Resolution courses.

Filling a void in the market, Conflict Diagnosis and Alternative Dispute Resolution uses the innovation of the Conflict Diagnosis concept to provide an in-depth appreciation of ADR processes. The survey takes a true developmental- and social-psychological perspective on the interdisciplinary topic of dispute resolution and prefaces descriptions of mediation, arbitration and other processes with a comprehensive exploration of the theoretical and empirical basis for understanding their uses, misuses, indications and counterindications. The text's compelling presentation provides students with a thorough and complete approach to understanding the psychological dimensions of conflict, provides guidelines for evaluating and developing strategies and tactics to address interpersonal conflict, and provides a comprehensive survey of ADR processes, including a strong treatment of legal issues.

Features

  • Conflict Diagnosis approach--Provides the theoretical basis for conflict resolution and both concrete and experiential alternative dispute resolution.
    • Provides students with a practical skill that allows them to clarify the reasons for the conflict, the ultimate goals of the disputing parties and the impediments to effective resolution.
  • Perceptual and cognitive distortion as a primary issue in interpersonal conflict.
    • Enables students to appreciate the perceptual distortions that create the misimpression that competition is always the safest and best way to handle conflict and enables them to better understand the noncompetitive alternatives.
  • Comprehensive survey of ADR processes--e.g. Mediation, arbitration, nonbinding evaluation and hybrid processes.
    • Provides students with a thorough understanding of ADR including a review of the legal and ethical issues that confound ADR practice.
  • Logic and rigor emphasis--Combats the tendency in the field toward intellectual sloppiness. Figures and tables illustrate the logical typological organization of the work.
    • Provides students with a logical framework within which they can organize the ideas and facts that comprise the ADR field.
  • Innovative theory and metaphor.
    • Provides students with an interesting method of learning novel material.
  • Real-world examples--i.e. Israeli-Palestinian conflict and the War Against Terrorism.
    • Provides students with relevant fictionalized accounts that provide interest and motivate students to delve into the subject matter.
  • Experiential learning exercisese.g. Conflict Journal assignments ask students to choose an ongoing conflict in their own lives and apply what they are learning to the conflict.
    • Provides students with an application of concepts presented to their own lives, so that they can gain a more in-depth understanding of the material.
  • Extensive pedagogical aids--e.g. Bullet boxes, tabular information, New Yorker cartoons.
    • Provides students with a clear and entertaining presentation of material.

Table of Contents

I. INTRODUCTION.

1. Basic Definitions.
2. Dispute Resolution Processes: An Introduction.
3. Of Artisans, Invisible Veils and Philosophical Maps: Our Preconceptions About Conflict and How They Short-Change Us.
4. Conflict Diagnosis.
5. Recurrent Themes in Conflict Diagnosis.

II. THE STEPS OF CONFLICT DIAGNOSIS.

6. Step 1: Describe the Conflict.
7. Step 2: Identify the Sources of the Conflict.
8. Step 3: Perform an Interests Analysis.
9. Step 4: Assess the Character of the Conflict as Constructive or Destructive.
10. Step 5: Assess the Levels of Trust and Development Strategies to Increase or Preserve It.
11. Step 6: Assess the Impediments to Resolving the Conflict.
12. Step 7: Assess the Negotiation Styles and Practices of the Participants.
13. Step 8: Assess Power and Alternatives to a Negotiated Agreement.
14. Step 9: Consider Diversity Issues at Play in the Conflict.

PART III. ALTERNATIVE DISPUTE RESOLUTION PROCESSES.

15. Mediations: An Introduction.
16. Understanding the Advantages and Disadvantages of Mediation.
17. The Process of Mediation.
18. The Law and Ethics of Mediation.
19. Arbitration.
20. Nonbinding Evaluation.
21. Mixed, Hybrid, and Multimodal Dispute Resolution Processes.

IV. PUTTING IT ALL TOGETHER.

22. Power Tools and Magic Keys: Using Conflict Diagnosis to Manage Legal Disputes and Select ADR Processes.

Appendix A: Is Conflict Diagnosis Necessary?
Appendix B: Using Conflict Diagnosis.
Appendix C: In Search of Magic Keys to Resolving Conflict.

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