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Mediation is a negotiation facilitated by a third-party neutral. It is a structured, interactive process where an impartial third party, the mediator, assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties. Due to its voluntary nature, a person cannot be compelled to use mediation to resolve their dispute. However, a suggestion from the Court may be difficult to resist.
Conflict resolution is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and retribution. Committed group members attempt to resolve group conflicts by actively communicating information about their conflicting motives or ideologies to the rest of group and by engaging in collective negotiation. Dimensions of resolution typically parallel the dimensions of conflict in the way the conflict is processed. Cognitive resolution is the way disputants understand and view the conflict, with beliefs, perspectives, understandings and attitudes. Emotional resolution is in the way disputants feel about a conflict, the emotional energy. Behavioral resolution is reflective of how the disputants act, their behavior. Ultimately a wide range of methods and procedures for addressing conflict exist, including negotiation, mediation, mediation-arbitration, diplomacy, and creative peacebuilding.
John Thomas Dunlop was an American administrator, labor economist, and educator. Dunlop was the United States Secretary of Labor between 1975 and 1976 under President Gerald Ford. He was Director of the United States Cost of Living Council from 1973 to 1974, Chairman of the United States Commission on the Future of Worker-Management Relations from 1993 to 1995, which produced the Dunlop Report in 1994. He was also arbitrator and impartial chairman of various United States labor-management committees, and a member of numerous government boards on industrial relations disputes and economic stabilization.
Online dispute resolution (ODR) is a form of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.
.ke is the Internet country code top-level domain (ccTLD) for Kenya.
Conflict management is the process of limiting the negative aspects of conflict while increasing the positive aspects of conflict in the workplace. The aim of conflict management is to enhance learning and group outcomes, including effectiveness or performance in an organizational setting. Properly managed conflict can improve group outcomes.
The Program on Negotiation (PON) is a university consortium dedicated to developing the theory and practice of negotiation and dispute resolution. As a community of scholars and practitioners, PON serves a unique role in the world negotiation community. Founded in 1983 as a special research project at Harvard Law School, PON includes faculty, students, and staff from Harvard University, Massachusetts Institute of Technology, Tufts University, and Brandeis University.
An organizational ombudsman is a designated neutral or impartial dispute resolution practitioner whose major function is to provide independent, impartial, confidential and informal assistance to managers and employees, clients and/or other stakeholders of a corporation, university, non-governmental organization, governmental agency or other entity. As an independent and neutral employee, the organizational ombudsman ideally should have no other role or duties. This is in order to maintain independence and neutrality, and to prevent real or perceived conflicts of interest.
The Mutual Gains Approach (MGA) to negotiation is a process model, based on experimental findings and hundreds of real-world cases, that lays out four steps for negotiating better outcomes while protecting relationships and reputation. A central tenet of the model, and the robust theory that underlies it, is that a vast majority of negotiations in the real world involve parties who have more than one goal or concern in mind and more than one issue that can be addressed in the agreement they reach. The model allows parties to improve their chances of creating an agreement superior to existing alternatives.
Organizational conflict, or workplace conflict, is a state of discord caused by the actual or perceived opposition of needs, values and interests between people working together. Conflict takes many forms in organizations. There is the inevitable clash between formal authority and power and those individuals and groups affected. There are disputes over how revenues should be divided, how the work should be done, and how long and hard people should work. There are jurisdictional disagreements among individuals, departments, and between unions and management. There are subtler forms of conflict involving rivalries, jealousies, personality clashes, role definitions, and struggles for power and favor. There is also conflict within individuals – between competing needs and demands – to which individuals respond in different ways.
The terms legal case management (LCM), legal management system (LMS), matter management or legal project management refer to a subset of law practice management and cover a range of approaches and technologies used by law firms and courts to leverage knowledge and methodologies for managing the life cycle of a case or matter more effectively. Generally, the terms refer to the sophisticated information management and workflow practices that are tailored to meet the legal field's specific needs and requirements.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
A complaint system is a set of procedures used in organizations to address complaints and resolve disputes. Complaint systems in the US have undergone significant innovation especially since about 1970 with the advent of extensive workplace regulation. Notably in many countries, conflict management channels and systems have evolved from a major focus on labor-management relations to a much wider purview that includes unionized workers and also managers, non-union employees, professional staff, students, trainees, vendors, donors, customers, etc.
Leonard J. Marcus is an American social scientist and administrator. He is director of the Program for Health Care Negotiation and Conflict Resolution at the Harvard T.H. Chan School of Public Health at Harvard University, and founding co-director of the National Preparedness Leadership Initiative, a joint program of the Harvard T.H. Chan School of Public Health and the Center for Public Leadership at Harvard's Kennedy School of Government.
Lawrence E. Susskind is a scholar of conflict resolution and consensus-building in urban planning. He is one of the founders of the field of public dispute mediation and is a practicing international mediator through the Consensus Building institute. He has taught at the Massachusetts Institute of Technology since 1971, where he is Ford Professor of Environmental Planning.
A conflict is a situation, in which inacceptable differences in interests, expectations, values, and opinions occur in or between individuals or groups.
William Ury is an American author, academic, anthropologist, and negotiation expert. He co-founded the Harvard Program on Negotiation. Additionally, he helped found the International Negotiation Network with former President Jimmy Carter. Ury is the co-author of Getting to Yes with Roger Fisher, which set out the method of principled negotiation and established the idea of the best alternative to a negotiated agreement (BATNA) within negotiation theory.
Robert Harris Mnookin is an American lawyer, author, and the Samuel Williston Professor of Law at Harvard Law School. He focuses largely on dispute resolution, negotiation, and arbitration and was one of the primary co-arbitrators that resolved a 7-year software rights dispute between IBM and Fujitsu in the 1980s. Mnookin has been the Chair of the Program on Negotiation at Harvard Law School since 1994.
Access to justice is a basic principle in rule of law which describes how citizens should have equal access to the justice system and/or other justice services so that they can effectively resolve their justice problems. Without access to justice, people are not able to fully exercise their rights, challenge discrimination, or hold decision-makers accountable for their actions.
Douglas Norman Frenkel is the Morris Shuster Practice Professor of Law at the University of Pennsylvania Law School.
References
Carrie Menkel-Meadow, Roots and Inspirations: A Brief History of the Foundations of Dispute Resolution, The Handbook of Dispute Resolution, Michael L. Moffitt and Robert C. Bordone, eds., 13–31, (PON Books, 2005).