NCJ Number
101531
Journal
Negotiation Journal Volume: 2 Issue: 2 Dated: (April 1986) Pages: 135-139
Date Published
1986
Length
5 pages
Annotation
This article delineates obstacles encountered in attempts to document or evaluate dispute resolution and ways to overcome resistances.
Abstract
Documentation involves the ongoing recording of the expectations, perceptions, and reflections of the participants. This can be done by the parties themselves, but should be supplemented by independent, nonpartisan observations. Evaluation refers to gauging the success of the completed effort according to explicit criteria. This should always be undertaken by trained social scientists not involved in the activities under review. Four sources of resistance to documentation and evaluation can be identified. Mediators may claim that communications are confidential and privileged and may seek to block documentation efforts. Mediators also may object to the research design or the assumptions made about the purposes of mediation. Another source of resistance stems from the perception that documentation or evaluation is a form of interference that may adversely influence the outcome of negotiations. Finally, there may be resistance to negative evaluations (justified or unjustified). Such obstacles can be overcome if mediators commit themselves to assisting legitimate documentation and evaluation efforts. Further, a commitment must be made to the independent documentation and evaluation of new or experimental dispute resolution efforts. Conversely, documenters and evaluaters should be willing to subject their draft reports to review by the parties before publication. Finally, the scholarly community should develop a research agenda and appropriate protocols for the field. This would legitimize the selection of evaluation criteria and generate norms for the conduct of such research.