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Are we here to resolve our problem or just reach a financial settlement?
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."
History
Publication title
PrecedentIssue
141Pagination
12-16ISSN
1449-7719Department/School
Faculty of LawPublisher
Australian Lawyers AlliancePlace of publication
Sydney, NSWRepository Status
- Restricted