The Nature of Conflict and Dispute Resolution

These flashcards cover the key concepts, definitions, and components of negotiation and dispute resolution based on the lecture notes.

Conflict

A collision of values, interests, or intentions among individuals or groups.

Dispute Resolution (DR)

Processes aimed at resolving disagreements and conflicts, including negotiation and mediation.

Alternative Dispute Resolution (ADR)

Processes other than judicial determination where an impartial person assists in resolving disputes.

Facilitative ADR

Dispute resolution where a practitioner helps parties identify issues and develop options to reach an agreement.

Advisory ADR

Dispute resolution where a practitioner provides advice regarding the facts of the dispute and possible outcomes.

Determinative ADR

Dispute resolution where a practitioner evaluates the dispute and makes a determination.

Subjective Nature of Conflict

Conflict is perceived and defined by individuals, making it variable across contexts.

Social Construction of Conflict

Conflicts are constructed through interpretation influenced by social context, culture, and individual experiences.

Thomas-Kilmann Conflict Mode Instrument

A tool to identify five conflict response styles: Lumping, Avoiding, Compromising, Competing, and Collaborating.

Perceptions in Conflict

How individuals interpret and express conflicts, influenced by age, personality, and culture.

Mediation Video Analysis

An assessment activity that involves observing and analyzing mediation practices for learning.

Cultural Norms

Shared values and expectations within a society that can act as barriers to articulating grievances.

Misunderstandings in Conflict

Miscommunications that can escalate conflicts and require clarification for resolution.

Professional Identity in Conflict

The role and perception of lawyers in the context of managing and resolving conflicts.

Negotiation

A process of discussing terms that allows parties to reach an agreement or resolve a dispute.

Barriers to Articulating Grievances

Factors such as self-blame and perceived futility that prevent individuals from expressing their injuries.

Roleplays in Learning

Experiential learning activities that simulate real-life scenarios to practice negotiation and conflict resolution.

Crisis Level Conflict

A stage of conflict requiring formal dispute resolution intervention due to escalation.

Impact of Conflict

Conflicts can have both negative effects (financial, psychological) and positive outcomes (social change, motivation).