Dispute System Design: Preventing, Managing, and Resolving Conflict

✍ Scribed by Lisa Blomgren Amsler, Janet Martinez, Stephanie E. Smith

• Publisher: Stanford University Press
• Year: 2020
• Tongue: English
• Leaves: 537
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

Cover
Contents
Acknowledgments
Introduction
Foundations of System Design
1 What Is Dispute System Design?
Origins in Alternative Dispute Resolution
Key Terms Used in DSD
DSD Within and Beyond Organizations
Guiding Principles
The Overarching Goal of DSD: To Deliver Justice
Control over DSD and Stakeholder Power
Conclusion
2 Analytic Framework for Dispute System Design
Frameworks in Institutional Analysis
Analytic Framework for DSD
Goals
Stakeholders
Context and Culture
Processes and Structure
Resources
Success, Accountability, and Learning
Conclusion
3 System Building Blocks: Processes for Preventing, Managing, and Resolving Conflict
Understanding Process Choices for DSD
Process Maps
DSD Process Building Blocks
Building Blocks for Policy Design
New and Evolving Processes and Structures: Online Dispute Resolution
Conclusion
4 System Design Practice
The Professional Designer
Conflict Stream Assessment
Conducting a DSD Process
Conclusion
5 Accountability: Evaluating Dispute System Design
Accountability Forums: Justice and Fairness
Evaluation in DSD: Variables and Indicators
Practical Program Evaluation
Evaluating Prevention and Management of Conflict
Conclusion
6 Ethics in System Design
Sources for DSD Ethics
Key Ethical Issues
Ethics Considerations in a Cultural Context
Operationalizing Ethics for Designers
Conclusion
Case Applications
Part I. Public and Community Justice
7 Court Programs
History and Context of Alternative Dispute Resolution and Other Design Innovations in U.S. Courts
Case Examples from Federal and State Courts in the United States
Court Alternative Dispute Resolution Outside the United States
Key Framework Issues in Court DSD
Conclusion
8 Claims Facilities
The Traditional Court-Based Tort Mechanism and the Challenge of Mass Torts
Private Tortfeasor Responsibility
Natural Disasters
Terrorist Acts
Key Framework Issues in Claims Facilities
9 Communities and Justice
Community Mediation
Business Communities
The Nation’s Peacemaker
Community Public Engagement
Mediation and Conflict in a Community’s Schools
Conclusion
Part II. Conflict Within and Beyond Organizations
10 Labor Relations: The Birthplace of Dispute System Design
DSD in Collective Bargaining: The Evolving Workplace
Systems in Private Sector Labor Relations
Case Examples in the Private Sector
Systems in Public Sector Labor Relations
Case Examples in the Public Sector
Conclusion
11 Managing Conflict in Employment
The DSD Analytic Framework in Nonunion Employment
Mediation System Case Study: The USPS REDRESS Program
Ombuds Programs
Best Practices Reports
Conclusion
12 Arbitration in Consumer and Employment Designs
The U.S. Legal Framework for Arbitration Systems
One-Party Control over DSD in Arbitration over Consumer and Employment Claims
Law and Design Choices in Arbitration System Designs
Strategy in Arbitration System Design
Conclusion
13 Commercial Disputes
Process Choice and Stakeholder-Lawyers
Examples from the Commercial Domain
Contracting and DSD
Conclusion
14 Consumer Disputes
Kaiser Permanente Health System
Mortgage Foreclosure Mediation
eBay
Conclusion
Part III. International and Comparative Systems
15 Transitional Justice
Key Concepts and Process Categories
Application of the Analytic Framework
Conclusion
16 International Dispute Resolution
Court of Arbitration for Sport
Bilateral Investment Treaties
World Trade Organization
United Nations Commission for International Trade Law
Conclusion
Part IV. Multijurisdictional and Complex Systems
17 Collaborative Governance and Dispute System Design
Collaborative Governance
Adapting the DSD Analytic Framework to Collaborative Governance
Upstream and Downstream in a Public Agency: Large-Scale Energy Infrastructure
Negotiated Rulemaking as Collaborative Governance
Participatory Budgeting
Conclusion
18 Designing Dispute Systems for the Environment
The Analytic Framework and Environmental Conflict
Maine Public Health Mystery
California Marine Life Protection Act
Comparing Two ECR Approaches
Conclusion
Conclusion
Goals
Stakeholders
Context and Culture
Processes and Structure
Resources
Success, Accountability, and Learning
Final Thoughts
Appendix: Power as Control in Dispute Systems
Notes
Bibliography
Index
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