Dispute System Design: Preventing, Managing, and Resolving Conflict

537 Pages·2020·5.412 MB·English

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

Dispute System Design
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D iSp u tE
S y S tE M
DE Si g n
Preventing, Managing, and Resolving Conflict
Lisa Blomgren Amsler
Janet K. Martinez
Stephanie E. Smith
Stanford University Press
Stanford, California
Stanford University Press
Stanford, California
© 2020 by the Board of Trustees of the Leland Stanford Junior University. All rights
reserved.
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Printed in the United States of America on acid-free, archival-quality paper
Library of Congress Cataloging-in-Publication Data
Names: Amsler, Lisa Blomgren, author. | Martinez, Janet K., author. |
Smith, Stephanie E., author.
Title: Dispute system design : preventing, managing, and resolving conflict /
Lisa Blomgren Amsler, Janet K. Martinez, and Stephanie E. Smith.
Description: Stanford, California : Stanford University Press, 2020. | Includes
bibliographical references and index. Identifiers: LCCN 2019019671 (print) |
LCCN 2019021740 (ebook) | ISBN 9781503611368 (electronic) |
ISBN 9780804771764 (cloth : alk. paper)
Subjects: LCSH: Dispute resolution (Law) | Conflict management.
Classification: LCC K2390 (ebook) | LCC K2390 .A97 2020 (print) | DDC 347/.09—dc23
LC record available at https://lccn.loc.gov/2019019671
Cover design: Rob Ehle
Text design: Kevin Barrett Kane
Typeset by Newgen in 11/14 Minion
My deepest love and gratitude for my husband, Jesse
Martinez (1941–2014), for sharing with me a life of
study and contribution
JGM
To my husband, Terry Amsler, in gratitude for his
inspiration, support, and enduring love
LBA
To my husband, Ted Radosevich, for his continuing
love and support and for never giving up
SES
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ContEnt S
Acknowledgments xiii
Introduction 1
Foundations of System Design
1 What Is Dispute System Design? 7
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 22
Frameworks in Institutional Analysis
Analytic Framework for DSD
Goals
Stakeholders
Context and Culture
Processes and Structure
Resources
Success, Accountability, and Learning
Conclusion
viii Contents
3 System Building Blocks: Processes for Preventing,
Managing, and Resolving Conflict 39
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 61
The Professional Designer
Conflict Stream Assessment
Conducting a DSD Process
Conclusion
5 Accountability: Evaluating Dispute System Design 74
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 90
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 111
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
Contents ix
Key Framework Issues in Court DSD
Conclusion
8 Claims Facilities 132
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 153
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 171
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 191
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 210
The U.S. Legal Framework for Arbitration Systems
One-Party Control over DSD in Arbitration over Consumer and Employment
Claims