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
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.
Read more about Glasl’s conflict escalation
Read more about other ADR theories of tunnel vision
Ripeness theory
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.
Read more about ripeness theory of conflict
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.
PDF of the complete article available below. Review the full PDF version of this article for an explanation on why formally recognizing court-connected and litigated-case mediation as a profession will...
By Jack Goetz, Jennifer KalfsbeekI don’t know about all of you, but I don’t do math in public or care for those crazy formulas for figuring stuff out. However, I have devised a formula...
By Steven GoldmanFrom Settle It Now Negotiation Blog When last we left the damsel in distress, she'd been laid off by an AmLaw200 firm and employed by a three-man outfit in Westwood. ...
By Victoria Pynchon