The Phenomena of Conflicts and Disputes: A Legal-Based Managerial Process (original) (raw)

A Literature Review of Conflict Resolution

2015

Conflict Resolution in Natural Resources and Teritorial Disputes ‘could’ mediate without any intervention from International Commitee, however that process ultimately oriented to empower legal mechanisms other than court proceedings. Thus, expected does happen to win-lose solution if it occurs when a problem is always brought to court. Most of the natural resource conflicts and territorial disputes that existed today are not only come from the interests but also the influence of our historical background, and as civilized person we should avoid any disrupted action between the parties that involved in the natural resources conflicts and territorial disputes and had to have consulted all issues together, instead use of Military Power to Solve the problems.

From Legal Disputes to Conflict Resolution and Human Problem Solving: Legal Dispute Resolution in a Multidisciplinary Context

The articles which follow were prepared for the AALS 2003 Workshop on Dispute Resolution: Raising the Bar and Enlarging the Canon. The committee that planned the workshop sought to explore how the field of dispute resolution (born of courses in negotiation, mediation, and "alternative" dispute resolution) has expanded its focus in the last twenty years, both in disciplinary breath and scope and in subject matters taught. Twenty-one years earlier the first AALS Workshop on Dispute Resolution, held at Harvard Law School, sought to launch the field, define issues for research and exploration, and demonstrate multiple means of teaching its theoretical and practical knowledge for modern lawyers.

Theory and practice of conflicts resolution

2015

Taking as ethnographic material the blood feud in Albania in the twentieth century, this article aims to show that both the blood feud and the feud are manifested through the exercise of violence and according to the defense of moral or material interests of a group. Nevertheless, they respond to a different logic. The general assumption of this study is that the values of the feuding paradigm are negotiable; as such, they can be at play and can be constantly modified even in contexts functionally renewed.

Dispute Resolution and International Law: The United Nations Dialogue Among Civilizations

2001

The United Nations Dialogue among Civilizations initiative for the Year 2001 may contribute another dispute resolution technique for the global community. Elements of negotiation, mediation, arbitration, and adjudication and legal principles relevant to dialogue are reviewed. Dialogue, understood as a daily aspect of human interaction on many levels and in many situations, may lead to relationship-building and long-term conflict avoidance. Dialogue leads to learning and understanding other perspectives and may result in wellaccepted resolution of misunderstandings and reduction of conflict. This article suggests that dialogue may be useful for lawyers, arbitrators, and judges as an alternative to other forms of dispute resolution, or for settlement of certain issues within a dispute

Enhancing the Capacity of Organizations to Deal with Disputes

Negotiation Journal, 1990

Conflict is a dirty word in organizations. Managers invest considerable time and money on programs and policies that either contain conflict or that work to convert difference into consensus. The general aim is to make organizatitonal functioning smooth and noncontentious. To accomplish these tasks, corporations purchase from an expanding market a wide array of services designed to clean up the clutter of human conflict littering organizations. Among the current titles of such offerings are "dealing with diversity," "winwin negotiations,'' ''interpersonal peacemaking," "mediation skills for managers," and "structuring for collaboration.'' The newest entry in the catalogue of conflict management services is dispute systems design. Dispute systems design is an extension of alternative dispute resolution processes such as mediation and other forms of assisted negotiation into the instructional and programmatic realm. Editor's Note: In alternating issues, Negotiation journal features a regular column on the subject of "dispute systems design,'' a concept initially proposed by William L. Ury, Jeanne M. Brett and Stephen B. Goldberg in their 1988 book, Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict (San Francisco: ]ossey Bass). Brett and Ury are serving as coordinators for this column, which is aimed at serving as a forum for the ongoing exchange of ideas about dispute systems design.

A CRITICAL STUDY OF ALTERNATIVE DISPUTE RESOLUTION IN HARMONIZING INTER-STATE DISPUTES.docx

Often times we aim to settle disputes through court system or resorting to violence and wars as a way of claiming satisfaction yet we forget that the best way to reach our interest and rights could be through alternative dispute mechanisms like negotiations, mediations, conciliations and arbitrations, thus this thesis aims at showing how states can resolve their conflicts without resorting to wars but also maintaining their good relations.