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


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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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

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