About Dispute Resolution and Conflict Management

Abstract

AT THE beginning of the 1990s, the concept of alternative dispute resolution (ADR) became known in continental Europe. Although in the beginning these ideas met with scepticism, it became clear to those who attended presentations on mediation — the most prominent form of ADR — that these new ideas also require specific skills. Mediation training in most cases caused participants to become (very) enthusiastic about this form of conflict resolution. However, the number of people who have received mediation training on the European Continent has exceeded by far the actual number of mediations. Without going into an analysis of the reasons for this discrepancy, I began to realize that mediation as a tool for dispute resolution requires intensive explanation to potential users, as it is a very ‘immaterial’ tool. Mediation will only work if a number of essential rules are complied with. Understanding the differences between mediation and other dispute resolution mechanisms may help in understanding the specifics of mediation, but can only be fully understood if they can be situated as part of a general framework. Conflicts may be resolved through negotiation, mediation, arbitration and court proceedings, or a combination of these methods. Further, several other methods exist or are being developed. I began to consider whether one could determine underlying principles for understanding the various methods of dispute resolution, their characteristics, opportunities and limitations. I concluded that three underlying principles, which at first glance seem to have little to do with dispute resolution, could explain these differences: 1. the place of physical violence in society; 2. the authority of saying; 3. interests and rights. These three underlying principles (Part II ) allow an analysis of the different methods of dispute resolution (Part III). Conflict management begins when the different methods of dispute resolution are considered as tools that can be used for …