NCJ Number
96278
Journal
Missouri Journal of Dispute Resolution Volume: 1984 Dated: (1984) Pages: 45-76
Date Published
1984
Length
32 pages
Annotation
This article outlines characteristics to guide the development of a framework for a comprehensive institution to assist disputing parties in more effectively resolving their conflicts.
Abstract
Dispute processing is defined, and conflict resolution is differentiated according to whether the disputants or a third party controls the final decision. Two types of processes for settling disputes are reviewed: consensual processes, in which disputants retain their individual consent to the ultimate solution; and adjudicatory processes, in which disputants surrender control over the end result to a third-party decisionmaker. Factfinding, negotiation, mediation, and conciliation are cited as examples of consensual processes; administrative hearings, arbitration, and judicial decisionmaking are examples of adjudicated processes. Other topics considered are the meaning of institutions in society and lawyers as a source of assistance for disputants. Consensual dispute processing methodology is analyzed for labor relations, family conflicts, and international relations. The use of consensual processes to resolve both major and minor disputes is chronicled, and the process' religious, urban, consumer, and governmental constituencies are described. The structural forms of consensual programs -governmental, private nonprofit organizations, private business, and ad hoc -are considered. Finally, principles which should guide the establishment of a consensual processing system are discussed; they are advised to include stability, basic uniformity, and open access. The benefits of such a system are enumerated. Included are 102 references.