NCJ Number
102931
Journal
Negotiation Journal Volume: 2 Issue: 4 Dated: (October 1986) Pages: 395-406
Date Published
1986
Length
12 pages
Annotation
This study conducted indepth interviews with 30 persons across 20 higher education institutions (8 in the Midwest, 5 on West Coast, 7 in Eastern United States) to determine dispute resolution procedures used, their rationale, how the procedures were designed and implemented, and their effectiveness.
Abstract
Officials interviewed included the vice president for student affairs, the director of affirmative action, the director of minority affairs, the grievance officer, the director of housing, and chairpersons of adjudicative committees. All the schools have three basic steps for dispute resolution. Students are required to make some effort to resolve the dispute with the other party. Failing in this, a third party is brought into the case. Appeals are provided for outcomes under third-party jurisdiction. The rationale for instituting dispute resolution procedures was based on an increase in student activism and litigation over the last 25 years. Four factors shaped the design and implementation phases: an emphasis on mediation or adjudication, a determination of disputable issues, the organizational placement of procedures, and the definition of the role and power of third parties. This study assessed the effectiveness of dispute resolution procedures according to whether or not they have resolved student disputes, protected student rights, restored or preserved collegial relationships, and produced institutional change. Effective approaches tend to be centralized and mediative and have clear procedures and specified authority for third parties. 4 references.