NCJ Number
114555
Journal
Negotiation Journal Volume: 4 Issue: 4 Dated: (October 1988) Pages: 413-431
Date Published
1988
Length
19 pages
Annotation
In designing a dispute resolution system it is necessary to build a structure that will properly control conflict and direct the dispute along a low-cost path.
Abstract
Whether in international relations or neighborhood conflicts, six principles are crucial. First, focus should be put on interests by bringing about negotiation as early as possible, establishing a negotiation procedure, using multiple step negotiation, strengthening motivation through multiple entry and negotiator authority, and providing negotiation skills and resources. A mediator can prove a valuable resource. In addition, it is important to build in procedures that will encourage disputants to turn back from rights or power contests. These may include information procedures, advisory arbitration, cooling-off periods, minitrials, and crisis negotiation procedures. Also needed are low-cost methods for providing a final resolution based on power or rights such as conventional or final-offer arbitration, voting, or limited strikes. To head off future disputes and reduce conflict, consultation should be built in and feedback after action through notification and consultation and post-dispute analysis and feedback. Procedures should be arranged in a low-to-high cost sequence, beginning with prevention and interest based procedures to rights and power procedures. Finally, the mediator must ensure that procedures work by providing the necessary motivation, skills, and resources. 11 notes, 1 table, and 25 references.