- Subject index
If you’ve ever wondered how best to approach a conflict, Collaborative Approaches to Resolving Conflict will help you choose the right method for your problem. Using the same tool for different kinds of conflict often leaves us feeling stuck and frustrated. Authors Myra Warren Isenhart and Michael L. Spangle explain the major approaches to managing disputes at home, in the workplace or school, within communities, or in the international arena. The reader will find that each approach is illustrated with recent examples of what can go wrong and how to respond most appropriately.
Chapter 7: Hybrids: Judicial Processes
Hybrids: Judicial Processes
For many claims, our system is too costly, too painful, too destructive, too inefficient for a truly civilized people. To rely on the adversarial process as the principle means of resolving conflicting claims is a mistake that must be corrected. (Burger, 1985, pp. 3–4)
In 1850, Abraham Lincoln recommended, “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses and waste of time” (Stern, 1961, p. 15). Knebel and Clay (1987) point out that it took a century and a half for sufficient reforms to occur in the judicial system to make nonlitigated settlements, as suggested by Lincoln, readily available. Many in ADR envision the courthouse ...