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.

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.

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.

Written for non-experts in jargon-free language, this work shows how to create systems within organizations that preempt the monetary, strategic, and emotional costs associated with on-the-job conflict. Its clear and simple approach translates advanced concepts into practical how-tos and provides readers with four guiding principles they can follow to create conflict control systems of their own. Amply illustrated with real-world examples, it details the policies, procedures, and practices that make for successful control systems and tells precisely how to implement them.

Emerging Systems of Managing Workplace Conflict presents illustrative real-life examples as well as cutting-edge methods and tools for integrating systems of dispute resolution into standard corporate procedures. This vital resource investigates the systems organizations have developed to manage common and costly workplace conflicts involving supervisor-employee relationships; race, age, and gender discrimination complaints; sexual harassment; occupational safety and health; reasonable accommodation of the disabled; and wrongful termination as well as other problems stemming from governmental regulations and court actions. Drawing on the authors' vast research and frontline experience with a wide variety of corporations and organizations, this important book examines successful responses to universal workplace problems and conflicts. In addition, the book is filled with illuminating case examples and stories from organizations, such as Brown and Root, Kaufman and Broad, Warner Brothers, Universal-Studios, Kaiser Permanente, the United States Postal Service, Johnson & Johnson, Shell, Prudential, and others, that have instituted systems of dispute resolution in response to ongoing destructive conflict, expensive litigation, and crippling settlements. This book offers an enormously useful approach for the application of the most up-to-date systems of organizational conflict resolution and shows how this approach can work in specific situations to save time and money.

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.

Workplace conflict is inevitable when leaders and employees with diverse backgrounds have different work styles, which are often acquired from previous experiences. In an organization, they are brought together for a shared business purpose, to accomplish the vision and mission of the firm. Turnover, wasted time, loss of reputation, decreased productivity, and lower profitability are just some of the costs associated with unmanaged or mismanaged conflicts. Although many people believe that conflict is either something to be avoided or something to fight to win, when managed appropriately, conflicts can be the lifeblood of an organization. Conflict can be the impetus that sparks creativity and innovation and leads to positive organizational policy and culture changes. Part of the problem is that most people have not been taught how to productively manage conflicts, and when they do what they have always done they are getting the same negative results. Conflict management is an ever-evolving area in organizational affairs. Organizations are microcosms of society, and as society evolves and changes, leaders will benefit from understanding typical root causes of conflicts (both interpersonal and organizational), appropriate methods for managing conflicts, and unique concepts that contribute to conflict situations. There has been a need for a handbook that offers a practical guide to conflict management and supports these concepts with scholarly research. Not only will this handbook offer a scholar/practitioner insights into the fundamentals of conflict management, such as communication, diversity, and conflict styles, it will also delve into topics that have been given less attention, such as ethnos religious, sexual preferences, generational differences, and workplace bullying. Additionally, this handbook will provide organizational leaders with various techniques for resolving conflicts appropriately and ways to design a system that reduces the costs of unmanaged and unproductive conflicts. The goal of this handbook is to offer organizational leaders and employees a deeper understanding of what causes conflicts and provide them with solutions for turning unproductive conflicts into positive opportunities for growth.