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How Can We Better Address Values and Interests that Underlie Conflict in a Dispute Resolution Process?
Journal article   Peer reviewed

How Can We Better Address Values and Interests that Underlie Conflict in a Dispute Resolution Process?

Claudia Baldwin
The Arbitrator and Mediator, Vol.24(1), pp.25-32
2005
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Abstract

Law dispute resolution conflict
How many mediators have been part way through a mediation and had one of the parties react strongly in some way … possibly through anger or tears … and have thought: 'that's a sensitive issue… that's hitting something a bit deep-a 'nerve''. Most of us would be familiar with Fisher and Ury's treatise on negotiation, 'Getting to yes', and their recommendation to focus on 'interests' not 'positions'. They say that the basic problem lies not in the conflicting positions, but in the conflict between each side's needs, desires, concerns and fears. The sensitive issue that I just referred to above may be an insight into their 'interests'. 'Interests' motivate people, and each side usually has multiple 'interests'.

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