How Do You Mediate? Blog with Dennis Huizing
In a previous article, we discussed the ripeness theory of conflict. The theory of intractability is closely related. In this article we explain what intractability is and how it relates to other theories within the realm of ADR.
Intractability is a somewhat difficult term to expain. It refers to a conflict that has stalled. Parties have no grip or traction on the conflict and the conflict is most likely spiraling out of control. Intractable conflicts are characterized by being complex and having far-reaching consequences. Most likely, intractable conflicts are conflicts that have escalated a fair bit.
The ripeness theory of conflict states that conflicts have a factor of ripeness in how suitable they are for ADR. Practitioners can encourage this ripeness by pointing out that parties are in a hurting stalemate and creating optimism about a possible outcome.
Within the realm of ADR theory
Intractable conflicts are difficult conflicts to manage using ADR. However, due to their complexity and large consequences, they are conflicts that might gain a great deal from using alternative conflict resolution forms such as mediation or negotiation. We believe that using the guidelines of ripeness theory, ADR practitioners can attempt to gain traction on an intractable conflict. In this sense, the principles of ripeness theory can be used as a technique to break the intractability of a conflict.
Kluwer Mediation BlogWe have just reached the end of the annual marking season (grading for North Americans). The verbal joust of examinations is almost over. Students get their blows in...By Charlie Irvine
UK's highly entertaining Charon QC is today talking to barrister, Andrew Goodman. Andrew, of 1 Chancery Lane, convener of the Standing Conference of Mediation Advocates. 'We look at mediation advocacy...By Geoff Sharp