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Are we here to resolve our problem or just reach a financial settlement?
Citation
Rundle, O, Are we here to resolve our problem or just reach a financial settlement?, Precedent, (141) pp. 12-16. ISSN 1449-7719 (2017) [Professional, Non Refereed Article]
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Abstract
In every dispute resolution (DR)
process the parties will find a
balance along a spectrum from
"its only about the money and
settlement" to "we can manage
our conflict much more broadly
than a narrow focus on the past
events related to this dispute."
There is a tension between these
two extremes. In 2005, Baruch
Bush and Folger reflected upon
this tension, which they had
expressed in their first edition of
The Promise of Mediation:
'In our view, the potential that
mediation offered to foster
and support positive human
interaction within conflict
was being squandered.
Instead mediation was being
used to shore up institutional
processes that operate
to control, contain, and
settle conflict, because of a
prevailing view that conflict
interaction is a fundamentally
negative social force."
Item Details
Item Type: | Professional, Non Refereed Article |
---|---|
Keywords: | dispute resolution settlement litigation law legal culture |
Research Division: | Law and Legal Studies |
Research Group: | Legal systems |
Research Field: | Legal institutions (incl. courts and justice systems) |
Objective Division: | Law, Politics and Community Services |
Objective Group: | Justice and the law |
Objective Field: | Civil justice |
UTAS Author: | Rundle, O (Dr Olivia Rundle) |
ID Code: | 120606 |
Year Published: | 2017 |
Deposited By: | Law |
Deposited On: | 2017-08-29 |
Last Modified: | 2017-08-29 |
Downloads: | 0 |
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