• Home
  • RSS Feeds
  • Blog Archives
Subscribe to Disputing
Book an ADR Service
Call Karl Bayer
Karl Bayer's Disputing Blog - Mediator, Arbitrator, Court Master & Technical Advisor
About Karl  |  Book an ADR Service  |  Contact Karl   (312) 705-9317

Menu 
  • home
  • Mediation
  • Arbitration
  • Court Neutrals
  • Online Dispute Resolution
  • Technology
    • Intellectual Property
    • Privacy and Cybersecurity
    • E-discovery
  • Court Decisions
    • Texas Supreme Court
    • Fifth Circuit
    • Third Court of Appeals
    • U.S. Supreme Court
  • More
    • Legislation
      • Texas
      • United States
    • Healthcare
    • Guest Posts
      • John DeGroote
      • John C. Fleming
      • Rick Freeman
      • Professor Peter Friedman
      • Honorable W. Royal Furgeson, Jr.
      • James M. Gaitis
      • Laura A. Kaster
      • Professor John Lande
      • Philip J. Loree, Jr.
      • Michael McIlwrath
      • F. Peter Phillips
      • Professor Alan Scott Rau
      • Professor Thomas J. Stipanowich
      • Professor S.I. Strong
      • Richard Webb
      • Glen M. Wilkerson
    • International arbitration
    • Regulation
    • Sports and Entertainment


Should They Listen to Us?

0
by Beth Graham

Friday, Feb 10, 2017


Tweet

Sanda Kaufman, Professor of Planning, Public Policy and Administration at Cleveland State University, Christopher Honeyman, Managing Partner of Convenor Conflict Management, and Andrea Kupfer Schneider, Professor of Law at Marquette University Law School have published an interesting journal article titled, “Should They Listen to Us? Seeking a Negotiation/Conflict Resolution Contribution to Practice in Intractable Conflicts,” Missouri Journal of Dispute Resolution, Vol. 1 (Forthcoming); Marquette Law School Legal Studies Paper No. 17-03.  In their paper, the authors examine the impact of negotiation on public and international conflicts.

Here is the abstract:

Conflict resolution (CR) has had its successes, particularly in what has become common negotiation and mediation practice in divorce, civil litigation and small to medium scale public policy disputes. Yet despite these practical inroads and increasingly successful dissemination of the ideas of our field, CR practitioners in politics and policy (and other fields) are still less than effective in the largest, most consequential conflicts. Negotiation remains the vehicles for addressing international conflicts nonviolently. However, as of 2007 when we first questioned the relative lack of practical impact (at the highest levels) of negotiation scholarship, the international relations practitioners did not seem to acknowledge any debt to, draw inspiration from, or request assistance from negotiation theory. We propose here that in this respect, there has been change. Indeed, as we write in late 2016, the US presidency has just been contested under some quite remarkable conditions. Among them, not the least interesting for our field is that the prevailing candidate centered his claim to fitness for the world’s highest office on competence in negotiation – even while dismissing many key notions and ethical precepts found in the field’s literature. These changes together raise the question, how should we go about contributing positively to conflict management practice in public and international conflicts?

This article revisits our 2007 initial effort to examine what seemed at the time to be the negotiation field’s failure to influence the handling of large-scale international and public conflicts. With the benefit of ten years’ mulling, and with the impetus of two related symposia in the fall of 2016, we will identify some possibly new symptoms of this failure. We call for new attention to a modified list of underlying causes for the lack of marked progress in many of the conflicts around the world that have yet to be resolved.

Our field’s adherents don’t readily see our imprint on the world, perhaps because many world conflicts continue despite our insights. We had expected our insights to lead to their resolution — or at the very least, to set in motion steps toward their nonviolent management. But perhaps this observation is overly pessimistic. Running the risk of exaggerating our field’s importance, we propose that since we wrote the first article on this subject, our contemporaries collectively have become successful at communicating negotiation wisdom — possibly, beyond our dreams. Why then do decision makers and interveners, having arguably heard us all well, continue in their failure to manage contemporary international and other large-scale conflicts according to our field’s wise advice?

We begin with observations from our 2007 chapter, in support of the notion that the larger “we,” — that is, we negotiation scholars — should shoulder some of the responsibility for the rather abysmal record of practitioners in helping resolve public and international conflicts. We used the example of the Arab-Israeli conflict to illustrate some of the issues we identified at that time. We add here the example of global climate change negotiations to suggest that while the Middle East conflict is unique in many ways, some of the reasons for failure to manage it are shared with other intractable conflicts. Then we offer some reasons for our updated argument, that we negotiation scholars have been heard, only too well, by conflict management practitioners. We conclude with some suggestions for moving forward in the quest to inform practice about how to implement research insights and prescriptions and contribute to the management of intractable conflicts.

This and other scholarly articles written by the authors may be downloaded from the Social Science Research Network.

Photo credit: MT_Image via Foter.com / CC BY

Related Posts

  • Pracademics: Making Negotiation Theory Implemented, Interdisciplinary, and InternationalPracademics: Making Negotiation Theory Implemented, Interdisciplinary, and International
  • The Thoughtful Integration of Mediation into Bilateral Investment Treaty ArbitrationThe Thoughtful Integration of Mediation into Bilateral Investment Treaty Arbitration
  • Mind the Gap: Bringing Technology to the Mediation TableMind the Gap: Bringing Technology to the Mediation Table
  • Does International Arbitration Enfeeble or Enhance Local Legal Institutions?Does International Arbitration Enfeeble or Enhance Local Legal Institutions?
  • Digital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for EveryoneDigital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for Everyone
  • Designing and Implementing a State Court ODR System: From Disappointment to CelebrationDesigning and Implementing a State Court ODR System: From Disappointment to Celebration

Like this article? Share it!


  • Share on LinkedIn (Opens in new window)
    LinkedIn

  • Share on X (Opens in new window)
    X

  • Share on Facebook (Opens in new window)
    Facebook

  • Share on Pinterest (Opens in new window)
    Pinterest

  • Email a link to a friend (Opens in new window)
    Email
About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

Legal Research

Legal Research

Connect with Disputing

Visit Us On LinkedinCheck Our Feed

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

Recent Posts

We're Back!!!!
Feb 24, 2025
JAMS Welcomes Karl Bayer to its Panel of Neutrals
JAMS Welcomes Karl Bayer to its Panel of Neutrals
May 28, 2024
Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries
Nov 27, 2023

Featured Posts

Tips on Taking Good Remote Depositions From a Veteran Court Reporter

Online Mediation May Allow Restorative Justice to Continue During COVID-19

Remote Arbitration Best Practices: Witness Examination

Search

Legal Research

Legal Research


© 2026, Karl Bayer. All rights reserved. Privacy Policy