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Are we here to resolve our problem or just reach a financial settlement?

journal contribution
posted on 2023-05-21, 21:40 authored by Olivia RundleOlivia Rundle
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

Precedent

Issue

141

Pagination

12-16

ISSN

1449-7719

Department/School

Faculty of Law

Publisher

Australian Lawyers Alliance

Place of publication

Sydney, NSW

Repository Status

  • Restricted

Socio-economic Objectives

Civil justice; Legal processes

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    University Of Tasmania

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