首页 | 本学科首页   官方微博 | 高级检索  
相似文献
 共查询到20条相似文献,搜索用时 0 毫秒
1.
    
Civic fusion occurs when people bond across passionate difference to solve a shared public problem. It requires bringing people close together under conditions that enable them to bond, even as their polarizing beliefs remain intact. In managing multiparty multi‐issue negotiations, public policy mediators help disparate, passionate parties negotiate actionable agreements. To achieve and sustain civic fusion, interested parties recognize and acknowledge confining assumptions and move through a continuum in which their certainty about each other and their presumed solutions is challenged and transforms to uncertainty and then to curiosity. They connect across common public goals and find mutual understanding and respect for the interests of others as they come to understand and accept the opportunities and limitations that are inherent to their complex situations. A steady stream of new understandings moves people beyond their long‐held perspectives to foster productive negotiations and build innovative solutions. Ultimately, the parties generate sustainable consensus agreements even as they retain their deeply held and often opposing values and beliefs.  相似文献   

2.
    
As the pandemic forces public and private institutions to move online, many court and business leaders are looking to the field of online dispute resolution (ODR) for best practices and lessons learned. Developed over the last twenty years, largely in response to the growth of e‐commerce, the ODR field has generated a deep well of theory and practice while also identifying potential ethical dilemmas and risks. The application of technology, the “fourth party,” plays an increasingly integral role in how we negotiate resolutions to our disputes, with or without a third party. A brief overview of the history of ODR’s development will set the context for the exploration of the range of tools and techniques encompassed by online dispute resolution. Consideration of the ethical challenges raised by ODR practice will illuminate key questions and choices that need to be made in designing ODR systems and in governing their use.  相似文献   

3.
    
The essay reviews the content of twenty-five years of Negotiation Journal , identifying themes and issues explored on its pages in the past, the current issues challenging the field's scholars and practitioners, and the issues likely to confront us in the future. It argues that while we in the field hoped for simple, elegant, and universal theories of negotiation and conflict resolution, the last twenty-five years have demonstrated the increasing complexification of negotiation theory and practice, from increased numbers of parties and issues, and dilemmas of intertemporal commitments, ethics, accountability, and relationships of private action to public responsibility.  相似文献   

4.
    
Online dispute resolution (ODR), the practice of resolving disputes via the Internet or digital applications, has been developing since the mid‐1990s. As the field has grown and gained traction, it has increasingly received attention from professional associations and industry leaders in the world of alternative dispute resolution (ADR). More recently, it has begun to receive recognition from sources outside of this field — in both the public and private sectors. As the field develops and individual initiatives become widely adopted, the attention it receives from external sources will undoubtedly focus on questions of quality, ethics, practitioner training, service provider qualifications, and monitoring. These questions — already beginning to be heard from within the field — derive, in essence, from one shared overall question, that of appropriate governance for the ODR field. In this article, we will explain what we mean when we discuss a field's governance and suggest that the field itself should investigate issues of its own governance. We explore and explain the current “low‐to‐no” state of governance in ODR — and the developments that are likely, should the field fail to actively address this issue. We discuss the costs of no governance, and the potential costs and disadvantages of employing a higher‐governance model. We ask whether ODR can, indeed, be governed at all, and illustrate why addressing ODR governance is a very complex venture, in terms of the web of factors to be addressed, no matter how beneficial internal governance may be. We do not, in this article, intend to decide any of these questions — but, rather, to pose them to the ODR field and to the wider fields of ADR and conflict management. We point out why the ODR field is at a developmental point that is highly suitable for discussing and deciding these questions — and why these decisions might have far‐reaching implications for a wide range of conflict‐related fields.  相似文献   

5.
    
This article reexamines an earlier experiment in the use of blogs in teaching negotiation when undertaken in a different cultural environment. I briefly examine two core factors — technical competence and cultural preferences in communication — as well as a student preference to reserve the use of social media for purely social and informal communications. Parallels are also drawn with the technical and cultural contexts of developments in online dispute resolution.  相似文献   

6.
    
Evolutionary psychology offers a powerful framework for understanding the ultimate function of emotions, and that understanding can be applied usefully in the mediation context. In this article, we first introduce the relevant theoretical foundational assumptions of the evolutionary approach to emotions and then use anger and gratitude to illustrate the evolved functions and effects of emotions on cognition and behavior before exploring specific implications for mediation. We also discuss mediator strategies for leveraging anger and gratitude, as well as the potential for future research applying an evolutionary approach to understanding emotions in mediation.  相似文献   

7.
    
In reaching their decisions, arbitrators are currently expected to act like judges by listening fully to both sides and then withdrawing to write the final and complete decision. But because of some key differences between their roles, I argue, arbitrators and judges should exercise completely different styles of decision making. Unlike judges, who make decisive rulings in order to enforce the law, arbitrators are empowered and chosen by the parties themselves to handle specific disputes or govern continuing relationships. Instead of shifting a negotiated process into an authoritative one, arbitrators have the capacity to solicit input from parties as they craft the award. Under a new model of arbitration that I call “consensus arbitration,” arbitrators would facilitate negotiation between the parties but retain the power to break impasses with partial, incomplete decisions, behaving more like facilitators than judges.  相似文献   

8.
    
In many public policy situations, formal negotiations and collective problem solving are inhibited by a lack of good ideas that can get the buy‐in and support of all involved stakeholders. We suggest that devising seminars provide a promising approach for helping to overcome this barrier. A devising seminar is an off‐the‐record, facilitated workshop that brings together representatives of core stakeholding interest groups to brainstorm mutually advantageous approaches to address collective challenges. In this article, we explain what devising seminars are, how they work, and how they can help with complex public policy disputes. We illustrate through the case of the Devising Seminar on Arctic Fisheries and conclude with lessons learned from that experience.  相似文献   

9.
This article reviews over sixty years of research on psychological barriers to intergroup conflict resolution and finds that scholars have identified eighty nominally different barriers that create or exacerbate intergroup conflict. In order to create a tractable list that would be more helpful to future scholars and practitioners, we consolidate this vast literature (e.g., by eliminating substantive and conceptual redundancies) to produce a list of twenty‐six “unique” psychological barriers. We further organize this inventory of barriers with a framework that distinguishes between “cognitive,” “affective,” and “motivated” psychological barriers. To better understand the literature ecosystem of research on psychological barriers, we employ a data visualization tool to illustrate the extent to which each of the twenty‐six unique barriers has been studied conjointly with every other barrier in the articles we reviewed. We then shift our attention to the work of scholars who have attempted, experimentally, to attenuate psychological barriers in negotiation and conflict settings, and identify five primary methods for doing so. Finally, we discuss the implications of our review for future work in this field.  相似文献   

10.
  总被引:1,自引:1,他引:0  
Over the past twenty-five years, public dispute resolution has emerged as an important area of practice — linked, in part, to ongoing efforts to promote deliberative democracy. As the field has evolved, however, the market for public dispute mediators has shifted. It is already possible to glimpse the further shifts and the new intellectual challenges likely to face the public dispute resolution field over the next twenty-five years.  相似文献   

11.
In this article, we examine the California South Coast Marine Life Protection Act Initiative stakeholder process, evaluate its shortcomings, and consider what could have been done differently. Our objective is to make recommendations to improve future multi‐stakeholder marine policy processes. In our view, while the South Coast stakeholder process had many positive outcomes, it failed to reach what we call here a “stable agreement.” Our analysis is based on two of the authors’ involvement (one as a facilitator and the other as a stakeholder representative) in the process and a post‐hoc survey of participants. We find that several ill‐advised process design and management choices significantly destabilized the negotiations, leading to an ultimately unstable agreement. We highlight four major problematic process design and management decisions, including the following: representation on the multi‐stakeholder group was imbalanced, the pre‐meeting caucuses were not paired with training in interest‐based negotiation, adequate incentives to negotiate toward a consensus agreement were not provided, and the use of straw voting at one point in the process was unclear and inconsistent. As a result of these and other process design and management flaws, many stakeholders believed that the process was biased and that their ends would be better achieved by anchoring negotiations and engaging in positional bargaining. Ultimately, this meant that near‐consensus on a single cross‐interest marine protected area proposal was not reached, the scientific guidelines put forth were not fully met, the process was not and is not viewed as fair by the stakeholders directly or indirectly involved, and the marine protected area regulations lack broad‐scale support. These pitfalls of the South Coast stakeholder process could have been avoided had the management and facilitation team consistently followed best practices in dispute resolution. We recommend that future marine planning processes learn from this example, particularly those occurring in highly complex, urban ocean environments.  相似文献   

12.
  总被引:1,自引:1,他引:0  
This essay describes how Israeli students in a course on mediation and consensus building taught in an Israeli university law department by an American law professor and an Israeli instructor analyzed and studied the conflict in the Middle East. It describes the suggestions they made for process design for the next stages of whatever peace process might emerge for the region. In light of the students' suggestions, the authors present some ideas as to how different approaches to reconciliation and peace might be used, managed, and coordinated.  相似文献   

13.
This article explores the implications of the April 2007 United Nations Security debate on the security dimensions of a changing climate for international climate change politics. Specifically, our analysis focuses on whether and how security concerns have been addressed in past international political debates on climate change and considers whether the Security Council debate, which emphasized the threat of climate-related conflict, reflects a discursive shift. We elaborate on two general discourses on the relationship between environment and security, which we call environmental conflict and environmental security . Using content and discourse analysis, we demonstrate that both the historical climate change debate and the more recent Security Council debate have been informed by the environmental security discourse, meaning that a discursive shift has not taken place. We conclude by considering the possibility of a future discursive shift to the environmental conflict perspective and argue that such a shift would be counterproductive to the search for an effective global response to climate change.  相似文献   

14.
    
  相似文献   

15.
ABSTRACT

Increasingly, a diverse set of policy communities, including those with defence, development and environmental mandates, frame climate change as a security threat. Most often this discursive formation labels climate change as a ‘threat multiplier’. This framing, however, is vague, linear and leaves many questions unanswered regarding how institutions can develop and implement policy that addresses the joint challenges of climate change, conflict and security. Utilising a mixed-methods approach, and grounding data collection in US policy communities, this article examines how policy actors and institutions integrate climate-security discourses into policy processes. The objective of this research is to provide direct insight into how the discourses and technical understandings of climate-security transition into policy priorities and implementation realities. This research identified three common approaches to climate-security: (1) A challenge of adaptation and resilience; (2) A potent political argument; and (3) An issue of limited importance and feasibility. These approaches, however, are inconsistent across sectors and within organisations, suggesting a lack of cohesion and considerable challenges in identifying and responding to climate change as a ‘threat multiplier’.  相似文献   

16.
    
This article describes an exercise that simulates one of the most famous of all human management problems: the “tragedy of the commons.” Coined by Garret Hardin in 1968, the term refers to any situation in which people acting rationally to meet their individual interests wind up depleting a shared resource to the detriment of all participants. Because these patterns arise in many real‐world situations — from global warming and natural resource management to free‐rider problems in markets and organizations — this exercise may interest a broad range of negotiation scholars, teachers, and practitioners. The Chocolate Conundrum is a simple exercise that uses candy to demonstrate the tension between individual and collective interests that arises in all social dilemmas. Because these dynamics also arise in many real situations, the exercise can be a powerful teaching tool for instructors in management, public policy, sociology, economics, and many other social science disciplines. Unlike some other simulations of collective action problems, this exercise is simple to administer, requires no computation or tallying of results, and works with a broad range of audiences and group sizes.  相似文献   

17.
《国际相互影响》2012,38(2):170-189
An influential conventional wisdom holds that globalization could induce upward convergence in environmental regulations. Wealthy countries impose environmental regulations that prompt exporters in other countries to adopt sustainable production techniques, so the cost of environmental regulation in these countries decreases. However, previous research has only examined this California Effect for environmental regulations to address domestic externalities. I formally investigate the case of international externalities, such as global warming or ozone depletion. I find that a country can exercise leadership by enacting environmental regulations to strategically induce other countries to regulate in the future, but only if the incentive to free ride is not too strong. Surprisingly, under deep economic integration, environmental regulations are strategic complements with positive spillovers, so that international coordination is necessary to capitalize on the California Effect. In addition to showing that the California Effect is a powerful instrument of environmental statecraft, the results suggest new reasons why liberal trade and investment policies might improve environmental protection. They can also inform a strategy to promote efforts to mitigate global warming.  相似文献   

18.
The literature on international environmental agreements has recognized the role transfers play in encouraging participation in international environmental agreements. However, the results achieved so far are overly specific. Therefore, we develop a more general framework that enables us to study the role of transfers in a systematic way. We propose transfers using both internal and external financial resources for making “welfare optimal agreements” self-enforcing. To illustrate the relevance of our transfer scheme, we use a stylized integrated assessment simulation model of climate change to show how appropriate transfers may induce almost all countries into signing a self-enforcing climate treaty.   相似文献   

19.
In an ideal inclusive political system, all citizens are equally able to influence and challenge policies. We focus on how inclusiveness affects climate policies and outcomes. We argue that more inclusive systems should produce more policies in response to environmental threats and should have better outcomes. We test these hypotheses using panel and cross-sectional data relating to climate policy outputs and outcomes. The results suggest that inclusiveness is positively associated with policy outputs, but probably not with lower emissions of greenhouse gases. This pattern may relate to a lack of deliberation in systems, which are relatively inclusive in the narrower sense of pluralist democratic theory.  相似文献   

20.
The strategy of “crafted talk” (or framing) suggests that a politician uses public opinion to anticipate the most alluring, language to convince the public to follow a politician's own preferred policy (Jacobs & Shapiro, 2000 Jacobs, L. R. and Shaprio, R. Y. 2000. Politicians don't pander: Political manipulation and the loss of democratic responsiveness, Chicago: University of Chicago Press.  [Google Scholar]). This manipulatory behavior by presidents has important consequences in the realm of constructing foreign policy, especially if the policy involves military service personnel, international prestige, or foreign conflict. However, no scholar has investigated White House archival data to examine the theoretical nuances of presidential “crafting” talk when constructing arguments for foreign policy. This article examines three case studies using internal polling memoranda and focus group results concerning the Vietnam War under President Johnson, the signing of the INF Treaty with the Soviet Union under President Reagan, and the Gulf War under President Bush. In each of the three cases, public opinion places serious constraints on presidential framing of foreign policy. Implications for the effectiveness of political framing and the limits of presidential persuasion are discussed.  相似文献   

设为首页 | 免责声明 | 关于勤云 | 加入收藏

Copyright©北京勤云科技发展有限公司  京ICP备09084417号