How are disputes handled? Why do disputants use some procedures rather than others?
Generally, disputants resort to the less effective power or rights approaches because they lack the skills, motivation or resources to use interest-based approaches, or because no interest-based procedures are available. Chapter Three presents six basic principles of dispute system design. First, focus on reconciling interests. This can be done by designing negotiation procedures, and giving parties the skills and resources needed to use those procedures. Second, build in procedures that allow parties to “loop-back” to interest-based negotiation from rights or power approaches. Examples of loop-back procedures include advisory arbitration and cooling-off periods. Third, include low cost rights and power approach backups, in case interest-based negotiations fail–foe example, arbitration rather than litigation, or voting rather than fighting. Fourth, build in procedures for consultation before potential disputes, and for feedback after disputes. Consultation can help avert a potential c
Chapter Three presents six basic principles of dispute system design. These are: 1) focus on interests, 2) build in loop-backs to negotiation, 3) include low cost rights and power approach backups, 4) build in consultation before and feedback after, 5) arrange procedures from low to high cost, 6) provide the needed skills, motivation and resources. Chapter Four discusses the political tasks involved in making the new system work. The system designer must garner support for the new procedures, overcome resistance to change, and motivate disputants to use the new system. One way to do this is to involve the disputing parties in the diagnosis and design process. Part Two presents a detailed case study of dispute systems design in the coal industry. Chapter Five reviews the diagnosis process as applied to the wildcat strikes which plagued the coal industry during the 1970s. Chapter Six focuses on the authors’ diagnosis of the dispute system in place at the Chaney Creek mine, which had been
