Unit 1– Conflicts, Disputes, and Claims
Unit 1 sets the stage for a detailed look at dispute resolution by introducing the major models for understanding conflict and its consequences. Conflict can be understood as the basis of disputes and claims. Therefore, this unit examines different theories of how we view and react to conflict, how conflict is transformed into disputes and legal claims, and how we try to resolve conflict in whatever form it takes. The major focus is on determining how the legal system currently understands and attempts to resolve conflicts that have been transformed into lawsuits, which then provides the basis for a comparison with “alternative” processes.
When you have completed Unit 1, you should be able to achieve the following learning objectives.
Brahm, Eric. (September 2003) Conflict stages. Beyond Intractability. Guy Burgess & Heidi Burgess (Eds.). Conflict Information Consortium, University of Colorado, Boulder.
Conflict Research Consortium Staff. Book Summary of Social conflict: Escalation, stalemate and settlement (by Dean G. Pruitt and Jeffrey Z. Rubin). beyondintractability.org
Felstiner, William L. F., Abel, Richard L., & Sarat, Austin. (1980–81). The emergence and transformation of disputes: Naming, blaming, claiming. Law & Society Review, 15(3/4), 631–654.
Menkel-Meadow, Carrie. (2012). Women in dispute resolution: Parties, lawyers and dispute resolvers: What difference does ‘gender difference’ make? Dispute Resolution Magazine, 18(3), 4–10.