Designing Systems And Processes For Managing Disputes

Designing Systems and Processes for Managing Disputes features a hands-on, interdisciplinary approach with wide-ranging practical applications. Seven real-life case studies and numerous examples have students designing and implementing a process for resolving and preventing disputes where traditional processes have failed. This is a must-read for students and practitioners alike. New to the Second Edition: A chapter-long focus on facilitation skills for designers The addition of a seventh central case study related to processes following the Trayvon Martin shooting in Sanford, Florida A new appendix with an overview of mediation for students who have not taken a prior course in mediation An interesting new story by a Brazilian judge who used Designing Systems and Processes for Managing Disputes to create new processes to resolve multiple cases, some pending over 20 years, arising from lands taken to create a new national park A new question focusing on the issues related to designing court-connected mediation programs Updates throughout all chapters and the appendix Professors and students will benefit from: Focus on skills development for dispute systems designers A multidisciplinary approach Biographies of designers, providing students with a sense of how to get into dispute systems design work An appendix assisting students who have no background in dispute resolution, with brief overviews of negotiation, mediation, and arbitration Problems and exercises to help students apply their learning Examples of complex disputes Featured disputes including eBay, a child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts

Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.

This book offers tested guidelines for designing a dispute resolution system that will help handle conflicts effectively on an ongoing basis - and avoid the damaging costs of attorneys fees, lost production, and emotional injury.

“Raines masterfully blends the latest empirical research on workplace conflict with practical knowledge, skills, and tools to effectively manage and prevent a wide range of conflict episodes. This is a highly applicable ‘top shelf book’ that will assist anyone from the aspiring manager to top level management and leadership in the public, private, and nonprofit sectors. It will also be a fast favorite of professors, trainers, and students of business and conflict management.” - Brian Polkinghorn, Distinguished Professor, Center for Conflict Resolution, Salisbury University. “With her broad dispute resolution, teaching, and editing experience, Susan Raines is uniquely qualified to organize what is known about conflict management in the workplace. She has succeeded in providing private, public, and nonprofit managers with accessible concepts and tools to deal effectively with the internal and external conflicts they must confront every day. Essential reading for all managers!” - Alan E. Gross, senior director, training coordinator, New York Peace Institute “After reading an advance copy of Raine’s impressive book, I can’t wait to begin to use it as a seminal text in my classes in organizational conflict. I am amazed at her ability to cover so well such disparate subjects as systems design, public policy disputes, small and large group processes, customer conflicts, conflicts in a unionized environment, and conflicts within regulatory contexts. Her user-friendly writing style is enhanced by her salient examples of exemplary and mistake-laden practices within public and private sector organizations. A ‘must-read’ for scholars, students, and practitioners interested in organizational conflict.” - Neil H. Katz, professor, Conflict Analysis and Resolution, Nova-Southeastern University “Conflict management skills are essential to a manager’s success. Raines, a leading scholar and practitioner, provides a comprehensive and strategic new guide to these critical skills and how to use them in any organization.” - Lisa Blomgren Bingham, Keller-Runden Professor of Public Service, School of Public and Environmental Affairs, Indiana University

As social stresses escalate and organizations experience more turbulence and uncertainty, conflict in the workplace is on the rise. This book presents a clear, step-by-step approach for developing and evaluating conflict management systems within any organization.

This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

Alternative Dispute Resolution (ADR) is a rapidly growing field, due to its popularity as an alternative to long and expensive lawsuits. ADR involves resolving disputes of any kind outside of the judicial system, through negotiation, mediation, arbitration, and other processes. This book is for people who work within organizations and are involved in disputes themselves, or for people who are required to deal with or resolve disputes. It covers how to set up a dispute resolution process in an organization.

Dispute Management is an introduction to dispute processes. It is a vital resource for students, lawyers and dispute practitioners.

What is dispute system design? -- Analytic framework for dispute system design -- System building blocks : processes for preventing, managing, and resolving conflict -- System design practice -- Accountability : evaluating dispute system design -- Ethics in system design -- Court programs -- Claims facilities -- Communities and justice -- Labor relations : the birthplace of dispute system design -- Managing conflict in employment -- Arbitration in commercial and employment designs -- Commercial disputes -- Consumer disputes -- Transitional justice -- International dispute resolution -- Collaborative governance and dispute system design -- Designing dispute systems for the environment.

Conflict in the workplace is a perennial problem for organizations. Whether it's a disagreement between colleagues, a dispute with management or large-scale industrial action, conflict negatively affects both people and profits as employee morale and productivity fall. Endorsed by the CIPD, Managing Conflict is an essential guide for HR professionals needing to tackle these problems by not only resolving current issues, but also preventing future instances of conflict. Going beyond interpersonal conflict, the book also looks at resolving board room disputes, disputes with shareholders, in the supply chain, commercial disputes and customer complaints. The first part of Managing Conflict covers the causes and costs of conflict, the impact of the psychological contract and the legal framework for managing workplace disputes both in the UK and internationally. The second part of the book provides a blueprint for redefining resolution and building a culture of constructive conflict management, from designing a conflict management strategy and developing a formal resolution process to embedding mediation, engaging stakeholders and training managers in resolution and mediation skills. This book also includes conflict resolution toolkits for managers, HR teams, employees and unions to help tackle conflict and bullying at work. Packed with best practice case studies from major UK and global organizations, this is an indispensable guide for all HR professionals looking to resolve conflict in the workplace. Online supporting resources include a conflict health check tool, conflict cost calculator, and checklist for developing an internal mediation scheme.