Before any dispute resolution process is designed or implemented, there should be a planning process to avoid surprises and pitfalls and minimize the risk of failure. Without advanced planning, there is no direction to go towards, no priorities to focus limited resources on, and no sense of progress and achievement. On the other hand, one cannot predict or prepare for every single possibility; as soon as implementation begins, one will need to adjust, adapt, course correct, and change in response to new findings or unforeseen situations, especially in deal- ing with such dynamic systems as human beings—who can perceive, think, and react in numerous ways, creating new possibilities at every turn, rendering previously designed plans ineffective.
This article explores the characteristics of complex systems and suggests a new framework for designing dispute resolution processes. It takes into account the dynamic and complex nature of human systems and the ever-changing quality of dispute systems.
Regardless of the framework or model utilized, designing dispute resolution processes starts with the designer making sense of the conflict, grasping the dynamics of the behaviour among all participants, comprehending the context and situation in which the conflict has occurred, gaining an understanding of the de- sired objectives, and forming a foundation upon which the system is to be built.
– Read More: Canadian Arbitration and Mediation Journal, Vol. 30, No. 1, p. 20
Abstractions and Generalizations — What Every Mediator Should Know
The Myth of Best Practice
The Cybernetics of Dispute
The Cybernetics of Learning
Transformational Process Design for Dispute Resolution
The Cybernetics of Having a Thick Skin!
Don’t Stop Here!
From Conflict to Dispute The overuse and dramatization of the word ‘conflict’ in contemporary media, by employing terms such as armed conflict, countries affected by
Why Cybernetics In classical binary logic, Aristotle’s principle of non-contradiction states that things cannot be ‘A’ and ‘Not A’ at the same time, and therefore, everything can
Basic Notions – Disturbance or Perturbation Adding to the complexity of the example depicted above, should forces change their directions or magnitudes in a way
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